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Name: People v. Salgado
Case #: B134841
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/28/2001
Subsequent History: Rev. den. 7/25/01

A trial court’s post-conviction dismissal of a jury’s verdict based on insufficiency of evidence is an appealable order. Therefore, where Salgado was convicted of carjacking, and the trial court granted its own motion for a new trial on that count and dismissed it after finding insufficient evidence to support the verdict, the People could appeal the dismissal under section 1238, subdivision (a)(8), because it occurred after the guilty verdict. There was no double jeopardy violation because far from placing him in jeopardy a second time, a reversal of the dismissal simply restored him to the position he was in following the trial.