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PEOPLE v. LOPEZ

No. B241532.

216 Cal.App.4th 411 (2013)

156 Cal. Rptr. 3d 723

THE PEOPLE, Plaintiff and Appellant, v. SERGIO JOSE LOPEZ, Defendant and Respondent.

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

May 16, 2013.

Attorney(s) appearing for the Case

Jackie Lacey , District Attorney, Phyllis Asayama , Patrick D. Moran and Scott D. Collins , Deputy District Attorneys, for Plaintiff and Appellant.

David Andreasen , under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

YEGAN, J. —

The grant of a defendant's motion to dismiss on double jeopardy principles terminates the People's case. After the grant of a new trial, there is simply no authority upon which such motion can be made or granted. Had it been made after a formal plea of "once in jeopardy" had been entered and as contemplated by Penal Code section 1016, subdivision 5,1 the People would have presumably filed...

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