What would be the result of a motion to overturn a judgment of conviction and remand the case for a new trial?

California, United States of America


The following excerpt is from People v. Sand, 146 Cal.Rptr. 448, 81 Cal.App.3d 448 (Cal. App. 1978):

Because of the prejudicial errors involved in the jury-selection procedure employed in the case at bench and in the receipt into evidence of character-trait evidence, I would reverse the judgment of conviction and remand the case for a new trial. Defendant deserves a new trial, so that he can be tried on "relevant, nonprejudicial evidence" (People v. Guerrero (1976) 16 Cal.3d 719, 730, 129 Cal.Rptr. 166, 548 P.2d 366), and before a validly selected jury.

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