Consequences of Granting a New Trial

The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict or finding cannot be used or referred to, either in evidence or in argument or be pleaded in bar of any conviction which might have been had under the indictment, information or complaint. NOTE: Section 110.20 continues the substance of former § 1180 but also adds a reference to jury trials. Compare Cal. Pen. Code § 1180.