Is there any federal or state protection against double jeopardy in a criminal case where a defendant has been convicted of a sexual assault?

California, United States of America


The following excerpt is from People v. Tindall, 72 Cal.App.4th 188, 84 Cal.Rptr.2d 788 (Cal. App. 1999):

Appellant's right to be free of double jeopardy was not infringed by the amendment, and he was not denied a substantial right in this regard under Penal Code section 1009. 3 Neither the federal nor state protection against double jeopardy applies to proceedings on prior convictions such as those alleged here (Monge v. California (1998) 524 U.S. 721, 118 S.Ct. 2246, 141 L.Ed.2d 615) and " '[t]he evils against which the double jeopardy clause is directed were absent in the present situation.' " (Valladoli, supra,

Page 793

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