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PEOPLE v. BATTS

No. S101183.

134 Cal.Rptr.2d 67 (2003)

30 Cal.4th 660

68 P.3d 357

The PEOPLE, Plaintiff and Respondent, v. Tracy L. BATTS et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied July 30, 2003.

Attorney(s) appearing for the Case

Chris R. Redburn, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant Tracy L. Batts.

Barbara A. Smith, Spring Valley, under appointment by the Supreme Court, for Defendant and Appellant Terrance McCrea.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, John R. Gorey, Margaret E. Maxwell and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, Roderick Leonard and Matthew G. Monforton, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

GEORGE, C.J.

After an earlier joint trial on first degree murder indictments ended in mistrial as the result of the prosecution's intentional misconduct, defendants Tracy L. Batts and Terrance McCrea were retried and convicted of those same charges. The Court of Appeal reversed the convictions, holding that the trial court erred by failing to grant defendants' pretrial motions to dismiss on double jeopardy grounds,...

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