The People, Plaintiff and Respondent v. Marvin Travon Hicks, Defendant and Appellant.

Summary

The court held that a retrial on a murder charge was permissible because the first jury convicted the defendant only of lesser related offenses, not necessarily included offenses. The retrial court properly refused to inform the jury of the specific prior manslaughter conviction, although it should have given a neutral instruction explaining that the trial concerned only the murder charge and that jurors must not consider punishment or speculate about other proceedings. The omission was harmless because there was no reasonable probability of a more favorable result.