California, United States of America
The following excerpt is from People v. Monge, 16 Cal.4th 826, 66 Cal.Rptr.2d 853, 941 P.2d 1121 (Cal. 1997):
People v. Henderson (1963) 60 Cal.2d 482, 35 Cal.Rptr. 77, 386 P.2d 677 (hereafter Henderson ), is similar. In Henderson, the [941 P.2d 1154] defendant was convicted, on his plea of guilty, of first degree murder and sentenced to life [16 Cal.4th 875] imprisonment. On appeal, the court reversed for trial court error in permitting the defendant to withdraw his original plea of not guilty. On remand, the defendant was again convicted; this time, he was sentenced to suffer the death penalty. On appeal in this court, the defendant argued imposition of the death penalty on retrial violated his right against double jeopardy as set forth in article I, then section 13 of the state Constitution.
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