Pedroza
People v. Pedroza
Opinion
Opinion
Bigelow, J.
INTRODUCTION
In November 1998, Donald Schubert was murdered. In April 2012, a jury convicted defendant Raul Pedroza of the first degree murder of Schubert and conspiracy to commit the murder. The jury also found true gang enhancement allegations. The prosecution’s case against defendant relied in large part on the testimony of an accomplice. Following the guilty verdict, the trial court granted defendant’s motion for a new trial, explaining the evidence corroborating the testimony of the accomplice was insufficient. Subsequently, the trial court granted defendant’s motion for dismissal, concluding double jeopardy barred retrial.
On appeal, the People contend the trial court erred in concluding the evidence corroborating the accomplice’s testimony was insufficient, and accordingly the trial court erred in granting the new trial motion. The People further contend the trial court erred in dismissing the case; the People assert the court reweighed the evidence and granted the motion for new trial under Penal Code section 1181, rather than issuing an acquittal, thus double jeopardy did not bar retrial.
We affirm the trial court orders.