People v. BellAnnotate this Case
Penal Code 1041(3)-1042 provides for the right to a jury trial on factual issues underlying a plea of once in jeopardy. Defendants entered pleas of once in jeopardy, based on their claim that the prosecutor at the first of their two trials intentionally goaded them into requesting a mistrial. The Attorney General argues that sections 1041(3) and 1042 apply to some, but not all, pleas of once in jeopardy. The court concluded that the Attorney General's interpretation is foreclosed by the plain language of the statutes. Accordingly, the court reversed defendants' convictions and remanded. On remand, the prosecution or trial court may move to strike defendants' pleas of once in jeopardy.