Tortoise
Well-Known Member
- Joined
- Oct 15, 2015
- Messages
- 26,334
- Reaction score
- 132,804
I have just seen the jury has reached a verdict, but since you asked I didn't want you to think I ignored your question. A second penalty trial would have been mandatory.If a mistrial for the penalty phase is declared, is a 2nd trial mandatory or is it up to the prosecution?
I'll copy over the relevant law from an earlier post - Penal Code 190.4
If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be. If such new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in state prison for a term of life without the possibility of parole.