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BROWN v. SUPERIOR COURT

No. B221980.

187 Cal.App.4th 1511 (2010)

114 Cal. Rptr. 3d 804

MICHAEL DONNELL BROWN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

August 31, 2010.

Attorney(s) appearing for the Case

Peter Swarth for Petitioner.

No appearance for Respondent.

Steve Cooley, District Attorney, Irene Wakabayashi, Phyllis C. Asayama and Tracey W. Lopez, Deputy District Attorneys, for Real Party in Interest.

OPINION

MALLANO, P. J.—

Petitioner Michael Donnell Brown filed the instant petition for a writ of mandate to challenge the trial court's denial of his double jeopardy motion to preclude retrial after a jury acquitted him of some counts, convicted him of a lesser included offense as to one count, and hung on the remaining counts. We conclude that double jeopardy bars retrial of all of the charges the trial court permitted to be retried...

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