California, United States of America
The following excerpt is from People v. Harvey, B282358 (Cal. App. 2018):
Unlike the enhancement based on the grand theft auto conviction, there is no evidence on appeal indicating defendant's conviction was for aiding and abetting that would obviate the need for retrial. We therefore remand for retrial of the section 677, subdivision (a)(1) allegation based on the section 417.8 prior conviction. (People v. Barragan, supra, 32 Cal.4th at pp. 239-241
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[retrial of prior strike allegations is proper following reversal for insufficient evidence].)
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