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Name: People v. McDougal
Case #: A097446
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 06/09/2003
Subsequent History: None

The jury had been given verdict forms on the greater and lesser included offenses, and had been instructed that they must return a verdict of acquittal on a greater offense if they unanimously found the defendant not guilty of the greater offense before they decide whether the defendant is guilty of the lesser included offense. Here the jury’s failure to return any verdict form established that the jury did not acquit the defendant of the greater offense. Accordingly, thus retrial on those charges did not violate principles of double jeopardy.