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Supreme Court of California

People v. Eroshevich, S210545

In this criminal case, after a jury trial convicting defendant for conspiracy, the trial court granted defendant's motion for a new trial and dismissing the charges for insufficient evidence. The Court of Appeal reversed, reinstated the jury's verdict, and ordered that the trial court consider defendant's remaining grounds for a new trial, but barred retrial upon remand. Judgment of the Court of Appeal barring defendant from being retried should the trial court grant his motion for a new trial is reversed, where retrial does not violate defendant's double jeopardy rights in this case, as the People appealed and the Court of Appeal reversed, and it is well-settled that the reversal of a judgment or order ordinarily leaves the proceeding in the same situation in which it stood before the judgment or order was made.

Appellate Information

  • Decided 11/03/2014
  • Published 11/03/2014


  • Cantil-Sakauye


  • Supreme Court of California


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