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PEOPLE v. UHLEMANN

Docket No. Crim. 16326.

9 Cal.3d 662 (1973)

511 P.2d 609

108 Cal. Rptr. 657

THE PEOPLE, Plaintiff and Appellant, v. STEPHEN F. UHLEMANN, Defendant and Respondent.

Supreme Court of California. In Bank.

July 2, 1973.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, Joseph P. Busch, District Attorney, Harry Wood, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Hollopeter & Terry and Don H. Terry for Defendant and Respondent.

Richard S. Buckley, Public Defender (Los Angeles), James L. McCormick, Richard A. Curtis and Dennis A. Fischer, Deputy Public Defenders, and Sheldon Portman, Public Defender (Santa Clara), as Amici Curiae on behalf of Defendant and Respondent.

OPINION

BURKE, J.

(1) It has long been the rule in this state that a magistrate's dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges. (See Ex parte Fenton, 77 Cal. 183, 184 [19 P. 267]; People v. Prewitt, 52 Cal.2d 330

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