PEOPLE v. SANTAMARIA

Docket No. S035076.

8 Cal.4th 903 (1994)

884 P.2d 81

35 Cal. Rptr.2d 624

THE PEOPLE, Plaintiff and Appellant, v. JOSE NAPOLEON SANTAMARIA, Defendant and Respondent.

Supreme Court of California.

November 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Joan Killeen, Deputy Attorneys General, for Plaintiff and Appellant.

John J. Meehan, District Attorney (Alameda), William M. Baldwin, Assistant District Attorney, and Jeff H. Rubin, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Lawrence A. Gibbs, under appointment by the Supreme Court, for Defendant and Respondent.


OPINION

ARABIAN, J.

Do collateral estoppel principles mandate that after a judgment is reversed on appeal, the original jury's finding on a sentence enhancing allegation affects retrial of a murder charge, even though the same jury convicted defendant of that murder? This important question, implicating California's ability to effectively prosecute violent crime, has divided the Courts of Appeal.

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