What is the test for obtaining a judicial review of a motion of appeal against a finding of not guilty?

California, United States of America


The following excerpt is from People v. Rowland, 206 Cal.App.3d 119, 253 Cal.Rptr. 190 (Cal. App. 1988):

2 The People, may, of course also obtain review of questions likely to arise on retrial when a judgment of conviction is reversed. (People v. Braeseke (1979) 25 Cal.3d 691, 701, fn. 5, 159 Cal.Rptr. 684, 602 P.2d 384, judgment vacated and cause remanded (1980) 446 U.S. 932, 100 S.Ct. 2147, 64 L.Ed.2d 784, reiterated (1980) 28 Cal.3d 86, 168 Cal.Rptr. 603, 618 P.2d 149.)

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