Does a prosecutor have the right to seek reconsideration of a finding in the context of a serious sexual assault case?

20 In this case the prosecutor apparently did not discover the case of People v. Moore, supra, 10 Cal.App.4th 1868, 13 Cal.Rptr.2d 713 until well after the trial on the serious felony prior. The case was not presented to the trial court until the purported reconsideration.

21 Contrary to the position taken by the People, that the prosecutor had the right to have the legal issues reconsidered by the trial court so that it could review all pertinent law, even assuming the court's legal rulings, findings or decision were erroneous, double jeopardy principles still bar such reconsideration once the favorable ruling or finding has been embodied in the court's decision, which in this case was done after the continued court trial on the prior allegation on November 3, 1993. (See Sanabria v. United States, supra, 437 U.S. at p. 64, 98 S.Ct. at pp. 2178-2179.)