Can a defendant be remanded for a retrial of a section 677, subdivision (a)(1) allegation based on a prior conviction for aiding and abetting?

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

Page 14

[retrial of prior strike allegations is proper following reversal for insufficient evidence].)

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