PORTER v. SUPERIORCOURTOFMONTEREYCOUNTY PART I
Where jury convicted defendant of two counts of attempted murder and made true findings as to various special allegations, including that the crimes were premeditated and were committed for the benefit of a street gang, and trial court ordered new trial as to those allegations before proceeding to pronounce judgment as to the convictions and other enhancements, defendant's constitutional protection against double jeopardy barred retrial on the special allegations.
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