April 6, 2013

Double-jeopardy, probation opinions filing Monday

The Supreme Court will file two criminal law opinions on Monday.

In People v. Carbajal, the court will decide whether retrial on sentencing allegations under the one strike law (Pen. Code, section 667.61) was barred by double jeopardy although the first jury never reached or resolved the issue.

People v. Leiva raises the issues: (1) Did the trial court have jurisdiction to revoke defendant’s probation? (2) Did sufficient evidence support the trial court’s finding that defendant either failed to report to his probation officer or reentered the country illegally? (3) Did the trial court’s finding rely upon admissible evidence?

Both cases were argued in January. The opinions will be filed on the last possible day, exactly 90 days after argument.

The opinions can be viewed online beginning at 10:00 a.m. Monday morning.

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