If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct. If the appellate court directs a final disposition of the action in the defendant’s favor, the court must, if he is in custody, direct him to be discharged therefrom; or if on bail that his bail may be exonerated; or if money or other property was deposited instead of bail, that it be refunded to the defendant or to the person or persons found by the court to have deposited said money or other property on behalf of said defendant. If a judgment against the defendant is reversed and the case is dismissed, or if the appellate court directs a final disposition of the action in defendant’s favor, and defendant has theretofore paid a fine in the case, such act shall also be deemed an order of the court that the fine, including any penalty assessment thereon, be returned to defendant.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1962–2023 · leading case:
People v. Dutra, 2006 Cal. Daily Op. Serv. 11663 (Cal. Ct. App. 2006).
People v. Dutra, 2006 Cal. Daily Op. Serv. 11663 (Cal. Ct. App. 2006).
· cites it 2× “" Penal Code section 1262 provides in part that "If a judgment against the defendant is reversed such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct.”
People v. Belton, 591 P.2d 485 (Cal. 1979).
· cites it 2× “(Pen. Code, § 1262.) Such a retrial would allow the prosecution to accomplish by indirection that which this court holds it cannot do directly.”
People v. Martinez, 10 Cal. App. 5th 686 (Cal. Ct. App. 2017).
“” (Pen. Code, § 1262.) “ ‘The effect of an unqualified reversal (“the judgment is reversed”) is to vacate the judgment, and to leave the case “at large” for further proceedings as if it had never been tried, and as if no judgment had ever been rendered.”
Gonzales v. State of California, 68 Cal. App. 3d 621 (Cal. Ct. App. 1977).
· cites it 2× “(Pen. Code, § 1262. 2 ) Defendant’s characterization of the action as one in tort so as to bring it within the provisions of the public entity tort claims statutes (Gov.”
People v. Johnson, 2004 Cal. Daily Op. Serv. 5597 (Cal. Ct. App. 2004).
“(Pen. Code, § 1262.) 2 Harris, Acting P. J.”
People v. Pedroza, 231 Cal. App. 4th 635 (Cal. Ct. App. 2014).
“(Pen. Code, § 1262.) Such a retrial would allow the prosecution to accomplish by indirection that which this court holds it cannot do directly.”
People v. Shanea J., 150 Cal. App. 3d 831 (Cal. Ct. App. 1984).
· cites it 2× “(Pen. Code, § 1262.) This is because, as we have explained, when an appellant obtains reversal of a conviction for trial error his remedy is a new trial free from such error and not the prospect of escaping punishment altogether.”
People v. Cabral, 17 Cal. Rptr. 3d 456 (Cal. Ct. App. 2004).
“(Pen. Code, § 1262.) Harris, Acting P. J., and Cornell, J.”
People v. Willoughby, 164 Cal. App. 3d 1054 (Cal. Ct. App. 1985).
“Nevertheless, the reversal of a judgment “shall be deemed an order for a new trial” (Pen. Code, § 1262); this places the parties in the same position as if no trial had been had.”
State v. Scott., 319 P.3d 252 (Haw. 2013).
“" Cal. Penal Code § 1262 (West 2013); accord People v.”
People v. Martinez, 188 Cal. App. 3d 19 (Cal. Ct. App. 1986).
“(Pen. Code, § 1262.) In view of the reversal of the sodomy conviction defendant must be resentenced so that the court may reconsider its entire sentencing scheme.”
People v. Johnson, 38 Cal. App. 3d 228 (Cal. Ct. App. 1974).
· cites it 2× “The reversal of a judgment of conviction on appeal is generally deemed an order for a new trial (Pen. Code, § 1262). At a new trial, the parties are in the same position as if no trial had been had; the former verdict does not bar any conviction which might have occurred under…”
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