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

Summary

Baxter, J., concurred in the conclusion that retrial of the multiple-victim One Strike allegation was not barred because the first jury’s deadlock on the predicate offenses deprived it of authority to decide that allegation. He additionally explained that a trial court may declare a mistrial as to both the deadlocked predicate offenses and the related penalty allegation, and that such a mistrial permits retrial. Kennard, J., concurring separately, agreed with the result but reasoned that the two juries considered different combinations of convictions and therefore did not decide the same issue.