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GERMAN v. SUPERIOR COURT

No. B148154.

109 Cal.Rptr.2d 771 (2001)

91 Cal.App.4th 58

Kenneth GERMAN, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

Review Denied October 31, 2001.

Attorney(s) appearing for the Case

Douglas W. Otto, Long Beach, for Petitioner. No appearance for Respondent.

Steve Cooley, District Attorney of Los Angeles County, Patrick D. Moran and William Woods, Deputy District Attorneys, for Real Party in Interest.

WRIT OF PROHIBITION

WOODS, J.

Petitioner seeks a writ of prohibition directing the trial court to dismiss count 2 of a pending information charging appellant with conspiracy to commit murder. This petition raises the question whether a defendant, whose conviction for conspiracy to commit second degree murder was reversed on appeal for trial error, may now be retried for conspiracy to commit first degree murder without subjecting him to double jeopardy...

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