Scott

It is settled that the doctrine of double jeopardy will not bar the retrial of a prior conviction allegation after reversal on the ground of evidentiary insufficiency. (People v. Monge (1997) 16 Cal.4th 826, 843, 844-845 [ 66 Cal.Rptr.2d 853 , 941 P.2d 1121 ] (Monge).) The principal issue which we consider in this appeal is whether such a retrial nonetheless may be barred on the ground of res judicata, collateral estoppel or law of the case.

The appellant, George Scott, appeals from the judgment entered following his convictions by jury of second degree burglary (Pen. Code, § 459), second degree robbery (§ 211), and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)), each with personal infliction of great bodily injury (§ 12022.7, subd. (a)), and with findings that he suffered four prior felony convictions (§ 667, subd. (d)), and three prior serious felony convictions (§ 667, subd. (a)(1)). He was sentenced to prison for 43 years to life.

As we explain, when a true finding as to a prior conviction allegation is reversed on appeal due to evidentiary insufficiency, People v. Morton (1953) 41 Cal.2d 536 [ 261 P.2d 523 ] (Morton), People v. Rice…