Davidson
People v. Davidson
Opinion
Opinion
Ashmann-Gerst, J.
Larry Davidson, also known as Larry Davison, appeals from an order reinstating a dismissed judgment convicting him of attempted murder (Pen. Code, §§ 664, 187, subd. (a)). The order was issued after the victim died, defendant was convicted of his murder, Division One of this court reversed that conviction and the murder charges were dismissed because the People were unable to proceed with a retrial. Defendant contends that the attempted murder judgment must be reversed because the trial court lacked authority to reinstate a previously dismissed judgment, and, by doing so, subjected defendant to double jeopardy.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On July 19, 2000, defendant, his brother, Shawn Davidson (Shawn), and their cousin, Brian Johnson (Johnson) were outside of Johnson’s residence. The three men were associated with subsets of the Crips gang. At some point, Quome Warren (Warren) walked past them dressed in red. Defendant and his associates believed Warren was a member of the rival Bloods street gang. When Warren saw them staring at him, he asked, “What’s up, dog?,” and someone responded, “What’s up?” Warren walked away without incident.