Salgado

In this case, we address issues left undecided in People v. Hatch (2000) 22 Cal.4th 260 [ 92 Cal.Rptr.2d 80 , 991 P.2d 165 ] (Hatch). We *8 hold that a trial court’s postconviction dismissal of a jury’s verdict based on insufficiency of evidence is an appealable order. We further hold that judgment may be entered on that underlying jury verdict without violating the state or federal prohibition against double jeopardy.

After a jury convicted Ricardo Salgado of carjacking (Pen. Code, § 215) 1 and assault with a firearm (§ 245, subd. (a)(2)), the trial court granted its own motion for new trial of the carjacking count and dismissed that count after finding the evidence legally insufficient to support the verdict. In their appeal, the People raise procedural issues concerning the new trial order and dismissal, and also contend that the trial court erred in finding insufficient evidence to support Salgado’s conviction for carjacking. We conclude that although the trial court had the power to dismiss the charge of carjacking, its doing so in this case on a finding that the evidence was insufficient to support the verdict is error. Therefore, we reverse.

Facts and Procedural…