PEOPLE v. DELOUIZE

No. S108119.

13 Cal.Rptr.3d 302 (2004)

89 P.3d 733

32 Cal.4th 1223

The PEOPLE, Plaintiff and Respondent, v. Robert DELOUIZE, Defendant and Appellant.

Supreme Court of California.

May 24, 2004.


Attorney(s) appearing for the Case

George O. Benton, Santa Rosa, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Gerald A. Engler, Acting Assistant Attorney General, Catherine A. Rivlin, Matthew P. Boyle and Gregg E. Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

May the trial court in a criminal case reconsider an order granting the defendant's motion for a new trial after the time for the prosecution to appeal the order has expired? Here, the Court of Appeal held that a trial court retains jurisdiction to reconsider an order granting a new trial, and to reinstate a jury's verdicts. We agree, and thus we affirm the Court of Appeal's judgment.

I

Because the circumstances of the offenses are not...

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