The People, Plaintiff and Respondent v. Valentin Carbajal, Defendant and Appellant — Kennard, J., Concurring

Summary

Justice Kennard agrees that double jeopardy did not bar retrial of the One Strike multiple-victim allegation, but reasons that the first and second juries considered different factual issues. The first jury could consider only whether its own convictions involved more than one victim, whereas the second jury considered the combined convictions from both trials. Because the first jury did not decide the same issue presented to the second jury, the retrial did not place defendant twice in jeopardy. Justice Baxter, concurring, agrees with the result but would additionally explain that a trial court may declare a mistrial on a penalty allegation when the jury deadlocks on the offenses essential to that allegation.