Shira D. Truitt is an attorney in Saint Louis, MO. 15 years experience in Divorce & Family Law, Estate, Health Care, Government, Power of Attorney, etc. - Lawyer.com lawyer search Fast & Free
5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
A person can usually be retried for murder if a mistrial was declared during the trial. If the defendant was convicted and wins his appeal, he can be re-tried. If the defendant was acquitted, he cannot be re-tried under the Double Jeopardy clause of the Constitution. Answer Applies to: Colorado. Replied: 7/19/2011.