Collateral Estoppel - Substantive Offense

In People v. Santamaria (1994) 8 Cal. 4th 903, 913, a case in which a defendant sought to apply collateral estoppel to an issue presented in the retrial of a count for a substantive offense, the Supreme Court stated, "we question whether collateral estoppel applies to the same proceeding where the government won by securing a conviction of the substantive count. The policies behind the doctrine do not clearly support its application to a retrial of that count." (Id. at p. 913.) In any event, Santamaria simply assumed, arguendo, that the doctrine could apply in the same proceeding, then went on to conclude on the merits that the elements of the doctrine had not been satisfied in that case. (Id. at pp. 916-926.)