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PEOPLE v. HERNANDEZ

No. S047306.

80 Cal.Rptr.2d 754 (1998)

19 Cal.4th 835

968 P.2d 465

The PEOPLE, Plaintiff and Respondent, v. David HERNANDEZ, Defendant and Appellant.

Supreme Court of California.

December 24, 1998.

Attorney(s) appearing for the Case

Martha M. Hall, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, M. Howard Wayne, Keith I. Motley, Esteban Hernandez and Janelle Marie Boustany, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

In this case, we consider whether either the state or federal prohibition against double jeopardy bars a trial court from changing its ruling on the applicability of a sentence enhancement.

Following defendant's conviction on various felony charges, the trial court considered whether he should receive a five-year sentence enhancement under Penal Code section 667, former subdivision (a) (now designated subdivision (a)(1)),1

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