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Name: People v. Scott
Case #: B131005
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 12/21/2000
Subsequent History: Rev. den. 4/11/01

Following a reversal of a prior conviction for insufficiency of the evidence, a retrial on the prior conviction allegation is not barred by res judicata, collateral estoppel, or law of the case, and the new evidence to be presented need not be newly discovered. Distinguishing People v. Mitchell (2000) 81 Cal.App.4th 132 as factually dissimilar and, in any event, incorrectly decided, the Court of Appeal applied People v. Morton (1953) 41 Cal.2d 536, under the doctrine of stare decisis, to conclude that there had been no prior adjudication of evidentiary insufficiency to which res judicata or collateral estoppel could attach, and there had been no final judgment where successive hearings were being held in the same action. These are civil concepts which have no relevance here.