Does the Double Jeopardy Clause preclude a retrial on a prior conviction in the non-capital sentencing context?
California, United States of America
The following excerpt is from People v. Martinez, B292537 (Cal. App. 2019):
When the prosecution fails to prove the existence of a prior conviction allegation, and the matter is reversed on appeal for insufficient evidence, "the Double Jeopardy Clause does not preclude retrial on a prior conviction allegation in the noncapital sentencing context." (Monge v. California (1998) 524 U.S. 721, 734; see also People v. Barragan (2004) 32 Cal.4th 236, 241 [citing Monge and confirming that "retrial of a prior conviction
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