ANTHONY PORTER, Petitioner,
v.
THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent;
THE PEOPLE, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
July 23, 2009.
July 23, 2009.
Attorney(s) appearing for the Case
J. Courtney Shevelson, under appointment by the Supreme Court; Glenn A. Nolte, Acting Public Defender, James S. Egar, Public Defender, and Romano Clark, Deputy Public Defender, for Petitioner.
No appearance for Respondent.
Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan, Seth K. Schalit and William Kuimelis, Deputy Attorneys General, for Real Party in Interest.
Tony Rackauckas, District Attorney (Orange), Mitchell Keiter, Deputy District Attorney; and W. Scott Thorpe for California District Attorneys Association as Amicus Curiae on behalf of Real Party in Interest.
Supreme Court of California.
OPINION
CORRIGAN, J.—
This is a companion case to People v. Anderson (2009) 47 Cal.4th 92 (Anderson), also filed today. In Anderson, we held that retrial of a penalty allegation on which a jury has deadlocked is not barred by constitutional double jeopardy principles or by Penal Code section 1023.1 We also concluded that retrial may be limited to...
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