Legal Question in Criminal Law in California

Found guilty twice using same evidence

4/25/03 I was charged with 8 cts (4/25/03-7/10/03) of violating county code ordinance 9-1905.3 then on 2/24/04 I was charged with 7 cts (7/11/03-2/19/04) of violating the same code. On 5/7/04 at PTC the DA decided to combine the two charges. At trial evidence was presented for 7 cts (4/25/03, 7/10/03, 10/8/03, 12/11/03, 1/06/04, 2/9/04, 3/8/04). 6/25/04 I was found guilty of all charges, paid the fine shown on the judgment received via mail. Ninety days later I received a final notice, with a different case number, for a judgement of guilty on 6/25/04. After looking at the court records for this judgment the only difference was the case number. The clerk had in fact photocopied, cut with scissors, and taped the evidence and count info to the back of this case number. By making payment arrangements on the second judgment I have given myself 30 days to clarify the situation. Can you tell me if I can be found guilty twice with the same evidence, if not where do I start to rectify this situation, and do I have any recourse? Since I am held accountable for my actions does the same hold true for the parties responsible for the possible error in the second judgment?


Asked on 10/06/04, 6:33 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Found guilty twice using same evidence

You cannot receive a second conviction, and even if the second judgment had referred to different evidence it would be invalid because you must receive notice of such a case and enter an appearance before the court can enter judgment.

The clerk's office obviously made a mistake by using your judgment as the template for a similar judgment in another case and failing to remove your name. You will need to straigten this out with the clerk's office, and should do so in writing lest there be any future misunderstandings.

And no, you have no recourse for something like this. Counties and their employees are immune from lawsuit for actions taken in their official capacities, even if those actions are performed negligently and thereby harm a third party.

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Answered on 10/06/04, 6:44 pm


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