Can a defendant be retried for a charge of first degree murder on remand?
California, United States of America
The following excerpt is from People v. Starkey, D066853 (Cal. App. 2015):
4. In view of the jury's verdict finding Starkey not guilty of first degree murder, he may not be retried for that offense on remand. (See Stone v. Superior Court (1982) 31 Cal.3d 503, 510 [double jeopardy precludes retrying a defendant for an offense for which he was acquitted].)
5. Section 1101 provides in relevant part:
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