PEOPLE v. HERNANDEZ

No. S105271.

131 Cal.Rptr.2d 514 (2003)

30 Cal.4th 1

64 P.3d 800

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

Supreme Court of California.

March 20, 2003.


Attorney(s) appearing for the Case

Nancy J. King, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kenneth C. Byrne, Lance E. Winters, Donald E. De Nicola and Richard T. Breen, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

In this case, we must decide whether the improper discharge of a single seated juror during a criminal trial warrants not only a reversal of the ensuing judgment of conviction, but also bars retrial of the defendant on double jeopardy principles. We conclude that, although defendant is entitled to the benefit of a reversal of his conviction by reason of the error in excusing the juror, he is not also immune from reprosecution. As a general rule, the double...

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