What are the consequences of a retrial of a second degree murder charge?

California, United States of America


The following excerpt is from People v. Reinoso, B225326 (Cal. App. 2011):

1. This appeal arises out of a retrial of the second degree murder charge. Previously, after defendant pled no contest to charges of grand theft auto and unlawfully taking or driving a vehicle, a jury convicted him of second degree murder, driving under the influence causing injury and with a blood alcohol level in excess of 0.08 percent, misdemeanor hit and run driving, and driving with a suspended license. We reversed only the murder conviction because the trial court prejudicially erred in excluding expert psychological testimony regarding defendant's mental defects. In all other respects, we affirmed the judgment. (People v. Reinoso (November 21, 2007, B188142) [nonpub. opn.].) Following retrial, defendant was once again convicted of second degree murder. He was sentenced to 15 years to life in prison, to run consecutively to the sentence imposed on the other counts after the first trial. He timely appealed.

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