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TAPP v. SUPERIOR COURT

Docket No. G008325.

216 Cal.App.3d 1030 (1989)

265 Cal. Rptr. 267

ISIAH TAPP, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

December 19, 1989.

Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Carl C. Homes, Assistant Public Defender, Thomas Havlena and Marri Derby, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi and Maurice L. Evans, Assistant District Attorneys, Thomas M. Goethals and James J. Mulgrew, Deputy District Attorneys, for Real Party in Interest.

OPINION

SCOVILLE, P.J.

Prior to 1988, the prosecution of a felony in California was barred when the same charge had been twice previously dismissed. Penal Code section 1387.1 was enacted to create an exception to that rule for certain violent felonies. If constitutional, it allows a third opportunity to prosecute after two prior dismissals, assuming specific enumerated circumstances apply.

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