California Penal Code Section 1179 PC: Definition of a New Trial in Criminal Cases

California Penal Code Section 1179 PC defines the legal mechanism and fundamental definition of a new trial in a California criminal court proceeding.

Rather than establishing a standalone criminal offense, Section 1179 PC acts as a foundational procedural rule under Chapter 6 of the Penal Code.

It gives defendants found guilty by a jury or judge a vital post-verdict remedy to challenge judicial errors, prosecutorial misconduct, or newly discovered evidence before a final judgment is entered.

Statutory Language of PC 1179

The statutory text of California Penal Code Section 1179 PC reads:

"A new trial is a reëxamination of the issue in the same Court, before another jury, after a verdict has been given."

What Are the Key Statutory Definitions Under PC 1179?

To fully understand California Penal Code Section 1179 PC, several statutory terms and concepts must be clarified:

New Trial: A complete re-litigation of the criminal charges in the original trial court. It corrects serious procedural, constitutional, or factual errors that prevented the defendant from receiving a fair trial.
Reexamination of the Issue: A legal process where the court resets the evidentiary process, treating the charges as if no former trial had occurred (pursuant to Penal Code Section 1180).
Same Court, Another Jury: The proceedings remain in the same court that handled the original trial, but a newly impaneled jury hears the evidence from scratch.
After a Verdict Has Been Given: A motion under PC 1179 can only be brought after a verdict of guilt is rendered but before sentencing and judgment are officially pronounced by the court.

What Must Be Proven to Get a New Trial Under PC 1179?

Because PC 1179 defines what a new trial is rather than a criminal statute with criminal elements, a defendant does not "commit" a violation.

Instead, to successfully secure an order granting a new trial, the defense must establish specific statutory grounds set forth in California Penal Code Section 1181 PC.

To obtain a new trial under PC 1179, the moving party (the defense) must prove one or more of the following:

Prosecutorial or Judicial Misconduct: The trial court judge erred on a matter of law, or the prosecutor engaged in prejudicial misconduct that compromised the fairness of the trial.
Jury Misconduct: Jury members received out-of-court evidence, engaged in improper communications, decided the verdict by lot/chance, or demonstrated hidden bias.
Newly Discovered Evidence: The defense has discovered new, material evidence that could not have been produced at trial with reasonable diligence, and this evidence makes a different outcome probable.
Verdict Contrary to Law or Evidence: The jury's verdict is not supported by sufficient legal evidence or contradicts California law.
Ineffective Assistance of Counsel (IAC): The defense attorney's performance fell significantly below reasonable standards, directly prejudicing the trial outcome.

What Are the Consequences Related to PC 1179?

Because California Penal Code Section 1179 PC is a procedural standard rather than a criminal charge, it carries no direct fines, prison sentences, or statutory penalties.

Instead, the legal outcome of a PC 1179 motion determines whether the original guilty verdict stands or is set aside.

Consequences When the Motion Is Granted

If the judge grants the defense's PC 1179 motion for a new trial, the court vacates the original guilty verdict.

Under Penal Code Section 1180, granting a new trial puts both the prosecution and the defense in the same legal position as if no trial had occurred.

Because the defendant voluntarily moves for a new trial, retrying the case does not violate Double Jeopardy protections.

If granted, the prosecution must choose to retry the charges before a new jury, negotiate a favorable plea agreement, or dismiss the case entirely if its evidence is insufficient.

Consequences When the Motion Is Denied

If the trial judge denies the PC 1179 motion, the jury's original conviction remains intact. The court will immediately proceed to formal sentencing, where it imposes probation, fines, or a state prison sentence.

After sentencing, the trial court's jurisdiction ends, and the defense's remaining legal remedy is to file a direct appeal with the California Court of Appeal or petition for a writ of habeas corpus.

What Are the Best Defense Strategies for Motioning for a New Trial?

Filing a successful motion for a new trial under Penal Code 1179 PC requires a precise, evidence-based legal strategy. Defense attorneys frequently utilize the following tactics:

Establishing Due Diligence for New Evidence: Demonstrating that key exonerating evidence (such as new DNA testing or a newly surfaced eyewitness) could not have been uncovered prior to the trial despite thorough investigation.
Proving Prejudicial Jury Error: Utilizing sworn juror affidavits or court records to prove that jury misconduct directly influenced the guilty verdict.
Highlighting Misleading Jury Instructions: Showing that the judge's incorrect or omitted legal instructions confused the jury and improperly led to a conviction.
Demonstrating Insufficient Evidence: Arguments demonstrating that the prosecution failed to establish guilt beyond a reasonable doubt as a matter of law.

Hypothetical Example of PC 1179 in Practice

Scenario: Marcus is on trial for felony grand theft in California. After a five-day trial, the jury returns a guilty verdict.

The Discovery: Before Marcus's sentencing hearing, defense investigators find security footage from a nearby business that law enforcement had previously withheld.

The video clearly shows a different individual committing the theft at the exact time Marcus was allegedly at the scene.

Furthermore, an affidavit reveals that one juror conducted independent online research about Marcus during deliberations, violating the judge's explicit admonition.

Application of PC 1179: Marcus's defense attorney files a Motion for a New Trial pursuant to California Penal Code Section 1179 PC, citing newly discovered evidence and jury misconduct under PC 1181.

The judge grants the motion, vacating the guilty verdict. Under PC 1179, Marcus gets a full retrial on the charges before a new jury, giving him a fair opportunity to be acquitted.

Comparison: Procedural Rules Related to PC 1179

Understanding how Penal Code 1179 PC interacts with related California procedural statutes is crucial for navigating post-conviction relief.

California Code Section	Primary Focus & Function	Key Impact on the Case
Penal Code 1179 PC	Defines what constitutes a "new trial" in a criminal proceeding.	Establishes the procedural baseline for reexamining trial issues before a new jury.
Penal Code 1181 PC	Outlines the specific statutory grounds required to request a new trial.	Provides the mandatory legal reasons (e.g., jury misconduct, new evidence) needed to grant the motion.
Penal Code 1180 PC	Dictates the legal effect of granting a new trial.	Places the prosecution and defense in the exact position as if no trial had taken place.

Related laws matter because post-conviction relief in California relies on a seamless framework of statutory rules that dictate how, when, and on what grounds a trial verdict can be challenged.

Frequently Asked Questions

What is the deadline to file a PC 1179 motion for a new trial in California?

A motion for a new trial under PC 1179 must be made and decided before judgment is pronounced (sentencing) or before an order granting probation is made. Once sentencing occurs, the trial court generally loses jurisdiction to grant a new trial, and relief must be sought via appeal or writ of habeas corpus.

Does granting a new trial violate the Double Jeopardy Clause?

No. When a defendant successfully moves for a new trial under PC 1179 PC, they voluntarily waive their Double Jeopardy protection regarding the retrial of those specific charges. Under PC 1180, the court resets the case to its pre-trial posture.

Who decides whether a PC 1179 motion is granted?

The trial judge who presided over the original trial hears and decides the motion for a new trial. The judge acts as a "13th juror," re-weighing the credibility of the evidence and determining whether procedural errors compromised the fairness of the trial.

Can the prosecution appeal if the judge grants a new trial?

Yes. Under California Penal Code Section 1238(a)(3), the prosecution may appeal an order granting a defendant a new trial.

How is a PC 1179 motion different from a direct appeal?

A PC 1179 motion is filed directly with the trial court before sentencing. In contrast, a direct appeal goes to the California Court of Appeal after sentencing and relies solely on the existing written court record.

How Cron, Israels & Stark Can Help You

If you or a loved one has recently received an unfavorable guilty verdict in a California court, time is of the essence.

Moving for a new trial under California Penal Code Section 1179 PC is a highly technical, time-sensitive process that must be filed before sentencing.

Our experienced criminal defense attorneys specialize in post-conviction relief, comprehensive case reviews, and high-stakes law-and-motion advocacy.

We aggressively analyze trial transcripts, investigate newly discovered evidence, identify judicial errors, and draft compelling motions to protect your constitutional rights.

Contact our legal team today for a confidential consultation to explore your post-trial options.

The California criminal defense attorneys at Cron, Israels & Stark are here to help you. We are located in Los Angeles, CA.

Definition of New Trial