How has the Court treated a defendant's right to appeal from an erroneous judgment in a retrial?

Concluding that the double jeopardy principle of the State Constitution forbids the imposition of a greater punishment for the same crime on retrial, Justice Traynor concluded: "A defendant's right of appeal from an erroneous judgment is unreasonably impaired when he is required to risk his life to [206 Cal.App.3d 1332] invoke that right. Since the state has no interest in preserving erroneous judgments, it has no interest in foreclosing appeals therefrom by imposing unreasonable conditions on the right to appeal." (People v. Henderson, supra, 60 Cal.2d at p. 497, 35 Cal.Rptr. 77, 386 P.2d 677.)