On remand, can the prosecution bring a motion to retrial on the grounds of evidentiary insufficiency?
MultiRegion, United States of America
The following excerpt is from People v. Deleon, B252431 (2nd Cir. 2014):
"[T]he doctrine of double jeopardy will not bar the retrial of a prior conviction allegation after reversal on the ground of evidentiary insufficiency. [Citation.]" (People v. Scott (2000) 85 Cal.App.4th 905, 908, see People v. Monge (1997) 16 Cal.4th 826, 843.) On remand, therefore, the prosecution, if it chooses,
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