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  5. 217 Cal.App.3d 1332 (1990)
 

PEOPLE v. SUPERIOR COURT (HARRIS)

Docket No. B044186.

217 Cal.App.3d 1332 (1990)

266 Cal. Rptr. 563

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LEE EDWARD HARRIS, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

February 14, 1990.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Harry B. Sondheim, Dinko J. Bozanich and Brent Riggs, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Charles Gessler, Carl Kandel and Henry J. Hall, Deputy Public Defenders, for Real Party in Interest.

OPINION

ARABIAN, J. —

INTRODUCTION

May the prosecution seek the death penalty on retrial after reversal of a conviction in which the defendant was sentenced to life in prison without possibility of parole? We answer no.

FACTUAL AND PROCEDURAL STATEMENT

Lee Edward Harris stands accused of two counts of first degree murder (Pen. Code, § 187).1 The prosecution has alleged...

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