Where a convicted defendant pursues an appellate remedy with a view to having a conviction reversed, the defendant-appellant:
A) understands that a retrial could cause a prosecutor to become vindictive because of the appeal.
B) knows that he or she may be tried again on the same charge or lesser charge as the original conviction.
C) must recognize that to appeal a conviction involves a risk that a new trial could result in a conviction for a more serious offense than the original verdict.
D) generally waives any argument under the double jeopardy provision of the Fifth Amendment because the defendant is asking to be retried for the same or a lesser offense if the appellate court reverses the conviction.
E) answers A and D are both correct responses.
E
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