Error and/or relief
After the initial conviction was overturned on appeal, and the defendant was again convicted at trial, it was error for the trial court to impose consecutive terms for counts that had been imposed concurrently following the first trial.
Holding:
If a defendant successfully challenges his conviction and obtains a new trial, the due process and double jeopardy clauses of the California Constitution prohibit the imposition of a greater sentence following retrial.
Authority:
People v. Torres (2005) 127 Cal.App.4th 1391, 1403
People v. Thompson (1998) 61 Cal.App.4th 1269, 1275–1276 [modifying sentence after trial court imposed a more severe penalty after the second trial]