Opinion

People v. Fields

  • 13 Cal. 4th 289
  • 52 Cal. Rptr. 2d 282
  • 96 Daily Journal DAR 5135
  • 914 P.2d 832
  • 96 Cal. Daily Op. Serv. 3133
Court
California Supreme Court
Filed
May 2, 1996
Status
Published
Author
Mosk
On the bench
Lucas, Mosk
Cited by
113 cases
Authority
More cited than 4.9%

holding that double-jeopardy principles did not bar retrial of greater offense on which jury expressly deadlocked, where jury returned conviction on lesser charge; but statute barred retrial

How later courts described this case

  • holding that double-jeopardy principles did not bar retrial of greater offense on which jury expressly deadlocked, where jury returned conviction on lesser charge; but statute barred retrial
  • holding that conviction of a lesser included offense was not an implied acquittal of the greater offense on which the jury expressly deadlocked
  • decided wholly on state statutory, rather than federal constitutional, grounds

Written by the judges who cited it.

Distinguished

  • Distinguished by Porter v. Superior Court, 56 Cal. Rptr. 3d 240 (2007)

    In People v. Fields, supra, 13 Cal.4th 289, 52 Cal.Rptr.2d 282, 914 P.2d 832, as in this case, the doctrine of implied acquittal was inapplicable to the greater offense.
    California Court of AppealMar 20, 2007Read it

The opinion

MOSK, J.

I concur in the judgment. I also generally concur in the opinion prepared for the court by former Chief Justice Lucas. I write separately only to make the following observation. The double jeopardy clause of the Fifth Amendment to the United States Constitution, made applicable to the states through the due process clause of the Fourteenth Amendment (Benton v. Maryland (1969) 395 U.S. 784, 793-796 [ 23 L.Ed.2d 707, 715-717 , 89 S.Ct. 2056 ]), “protects” a defendant “against a second prosecution for the same offense” “after conviction” as well as “after acquittal.” (North Carolina v. Pearce (1969) 395 U.S. 711, 717 [ 23 L.Ed.2d 656, 664-665 , 89 S.Ct. 2072 ].) For present purposes, the “same offense” encompasses the greater including offense and the lesser included offense. (Brown v. Ohio (1977) 432 U.S. 161, 164-169 [ 53 L.Ed.2d 187, 193-196 , 97 S.Ct. 2221 ].) Hence, the double jeopardy clause protects defendant against a second prosecution for gross vehicular manslaughter while intoxicated, the greater including offense, after conviction for vehicular manslaughter while intoxicated, the lesser included offense.

Respondent’s petition for a rehearing was denied June 12, 1996, and the opinion was modified to read as printed above.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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