Short v. Superior Court
Annotate this CaseShort was tried for seven sex offenses allegedly committed against his adopted daughter. The jury acquitted Short of the offense alleged to have occurred when the victim was six years old, failed to reach a verdict as to offenses alleged to have occurred when she was seven-to-10 years old, and convicted on offenses alleged to have occurred when she was 11-12 years old. The District Attorney moved under Penal Code section 1009 to amend the information to add four counts of aggravated sexual assault on a child under 14 years and four counts of lewd or lascivious acts on a child under 14 years by force or fear, arguing that these were alternative charges for the conduct underlying former counts on which the original jury had failed to reach a verdict. The trial court permitted the amendment over Short’s objections that it was barred by Penal Code 654(a)’s prohibition on successive prosecutions and was vindictive in violation of his due process rights. The court of appeal affirmed, finding that the bar on successive prosecutions does not apply on these facts and that the facts do not give rise to a presumption of vindictiveness because the new charges are less serious, alternative charges that do not increase Short’s exposure.
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