I tried a defendant for agg sex assault(penetration of female sex organ with penis). Defendant had been molesting his neice in many ways with many ojects. Defendant was convicted and sentenced to 40 years. Case was reversed and remanded for a new trial because court failed to make me elect which instance I relied on for conviction. I then indicted defendant in a 7 count indictment for agg sex assault and indecency, but I didn't include the allegation in the first indictment.
Question: Considering the recent "prosecutorial vindictiveness" cases, can I proceed on the new indictment rather than the old one?
Question: Am I limited to 40 years?

[This message was edited by Robert on 10-23-06 at .]