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PEOPLE v. SULLIVAN

No. B237734.

217 Cal.App.4th 242 (2013)

157 Cal. Rptr. 3d 884

THE PEOPLE, Plaintiff and Respondent, v. DEMETRIUS SULLIVAN, Defendant and Appellant.

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

June 17, 2013.

Attorney(s) appearing for the Case

Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FLIER, J. —

We hold that double jeopardy bars a retrial on a substantive offense when jurors reached a verdict on the substantive offense but deadlocked as to an enhancement. The trial court should have taken a verdict on the substantive offense and declared a mistrial as to the enhancement only. Finding that defendant Demetrius Sullivan received the ineffective assistance of counsel for counsel's failure to advise defendant to...

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