Does a negative finding on enhancements to the charge of first degree murder preclude the prosecution from retrial the same charge?
California, United States of America
The following excerpt is from People v. Pettaway, 206 Cal.App.3d 1312, 254 Cal.Rptr. 436 (Cal. App. 1988):
Contrary to the holding in People v. White we conclude that a negative finding on the enhancements was not essential to the judgment of conviction of first degree murder reached at the first trial, does not impose any finality on the merits and, therefore, does not collaterally estop the prosecution from retrying the appellant as the perpetrator nor preclude the presentation of admissible evidence to prove that theory of guilt.
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