[Download] "People V. Barragan" by In the Supreme Court of California ~ Book PDF Kindle ePub Free

eBook details

Title: People V. Barragan
Author : In the Supreme Court of California
Release Date : January 29, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

The so-called Three Strikes law prescribes increased punishment for a person who is convicted of a felony after sustaining one or more qualifying prior felony convictions or juvenile adjudications, which are commonly known as strikes. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) The issue here is whether retrial of a strike allegation is permissible where a trier of fact finds the allegation to be true, but an appellate court reverses that finding for insufficient evidence. Defendant Antonio J. Barragan argues that retrial is barred by the constitutional requirement of fundamental fairness, equitable principles of res judicata and law of the case, and relevant statutory provisions. We conclude that retrial is permissible. We reverse the Court of Appeal's judgment insofar as it bars retrial of a strike allegation.