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People v. Eroshevich

Supreme Court of California

November 3, 2014

THE PEOPLE, Plaintiff and Appellant,
v.
KHRISTINE ELAINE EROSHEVICH et al., Defendants and Respondents

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Superior Court of Los Angeles County, No.BA353907, Robert J. Perry, Judge. Court of Appeal, Second Appellate District, Division Five, No. B231411.

Steve Cooley and Jackie Lacey, District Attorneys, Irene T. Wakabayashi, Head Deputy District Attorney, Brentford J. Ferreira, Shirley Sui-Nin Sun, Natasha Cooper, Gilbert Wright, Phyllis C. Asayama and Serena R. Murillo, Deputy District Attorneys, for Plaintiff and Appellant.

Janyce Keiko Imata Blair, under appointment by the Supreme Court, for Defendant and Respondent Khristine Elaine Eroshevich.

Peter Gold, under appointment by the Supreme Court, for Defendant and Respondent Howard Kevin Stern.

Cantil-Sakauye, C. J., with Baxter, J., Werdegar, Chin, Corrigan, Liu, JJ., and Coronell, J.,[*] concurring.

OPINION

[179 Cal.Rptr.3d 359] [336 P.3d 680] CANTIL-SAKAUYE, C. J.--

After a jury trial that resulted in defendant Howard K. Stern's convictions on two counts of conspiracy, the trial court granted Stern's motion for a new trial and dismissed the charges on the grounds that the evidence was insufficient to establish that he intended to commit a crime. The Court of Appeal reversed, reinstating the jury's verdict, and ordered that the trial court could consider Stern's remaining grounds for a new trial, but that double jeopardy precluded him from being retried. We granted review on the sole issue of whether the state and federal constitutional protections against double jeopardy would preclude a retrial if Stern's new trial motion is granted. We conclude that the Court of Appeal erred when it ordered that double jeopardy precluded Stern from being retried and hold that, if the trial court grants Stern a new trial on any of his remaining claims, he may be retried.

I.

The People filed an 11-count information against defendant Howard K. Stern. All of the charges arose out of allegations that defendant Stern (defendant) and codefendant Dr. Khristine Elaine Eroshevich had conspired to and did ...


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