PEOPLE v. GUILLEN

Docket No. B073647.

25 Cal.App.4th 756 (1994)

31 Cal. Rptr. 653

THE PEOPLE, Plaintiff and Respondent, v. JAVIER GUILLEN, Defendant and Appellant.

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

June 6, 1994.


Attorney(s) appearing for the Case

COUNSEL

Donald M. Re for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Sharon Wooden Richard and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

EPSTEIN, J.

In this case we consider whether double jeopardy and Penal Code section 1157 bar retrial of a large quantity enhancement when a defendant is found guilty of possession for sale but the jury is unable to reach a verdict on the enhancement. We conclude that retrial is proper under these circumstances. We modify the judgment to correct a credit miscalculation, and affirm...

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