Does a presumption of vindictiveness arise if the prosecutor "ups the ante" after exercise of postconviction right?

California, United States of America


The following excerpt is from People v. Konstantelos, B225211 (Cal. App. 2012):

A presumption of vindictiveness arises "if the prosecutor 'ups the ante' after exercise of a postconviction right." (People v. Puentes (2010) 190 Cal.App.4th 1480, 1484.) In the pretrial setting, however, there is no presumption of vindictiveness if the

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