LARIOS v. SUPERIOR COURT

Docket No. L.A. 30964.

24 Cal.3d 324 (1979)

594 P.2d 491

155 Cal. Rptr. 374

ARMANDO YSIDORO LARIOS, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

May 24, 1979.


Attorney(s) appearing for the Case

COUNSEL

Richard E. Erwin, Public Defender, Kenneth Cleaver, Assistant Public Defender, Ronald E. Balle and Kelton Lee Gibson, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

C. Stanley Trom, District Attorney, Raymond J, Sinetar, Chief Deputy District Attorney, and Jay M. Johnson, Jr., Deputy District Attorney, for Real Party in Interest.


OPINION

BIRD, C.J.

Petitioner, Armando Larios, seeks a writ of prohibition to prevent further criminal proceedings against him. This court must determine whether a retrial of this case would violate a person's right not to be placed twice in jeopardy.

I

Petitioner was charged with the robbery of a dairy store in which $250 was taken. A jury was impaneled and sworn without alternates. Petitioner testified in his own...

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