PEOPLE v. MONGE

Docket No. S055881.

16 Cal.4th 826 (1997)

THE PEOPLE, Plaintiff and Respondent, v. ANGEL JAIME MONGE, Defendant and Appellant.

Supreme Court of California.

August 27, 1997.


Attorney(s) appearing for the Case

COUNSEL

David H. Pierce and Clifford Gardner, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Susan D. Martynec, Pamela C. Hamanaka, Jaime L. Fuster and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHIN, J.

In this case, we consider the applicability of the state and federal prohibitions against double jeopardy to a proceeding to determine the truth of a prior conviction allegation. (1a) We conclude that, in this noncapital case, the state and federal prohibitions against double jeopardy do not apply. Accordingly, we reverse the judgment of the Court of Appeal to the extent that judgment bars retrial of...

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