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Old July 11, 2013, 08:20 PM   #295
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Aguila Blanca
If a conviction is overturned, it is not a conviction,...
Quote:
Originally Posted by Spats McGee
(Prodigious) gut reaction: AB is correct. If the conviction is overturned, it becomes "not a conviction."
Agreed. However, generally when a conviction is overturned a new trial is ordered. Sometime the prosecutor will decide not to pursue the matter and dismiss the charges. In that case, it's all over.

On the other hand, sometimes the prosecutor will decide to go forward with another trial. In that case, the defendant remains under indictment or information, and the 4473 also asks (11.b):
Quote:
Are you under indictment or information in any court for a felony....
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