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BODNER v. SUPERIOR COURT

Docket No. B093995.

42 Cal.App.4th 1801 (1996)

50 Cal. Rptr.2d 236

MICHAEL BODNER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

March 1, 1996.

Attorney(s) appearing for the Case

COUNSEL

Michael P. Judge, Public Defender, Kenneth P. Erlich and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Gil Garcetti, District Attorney, Brentford J. Ferreira and Natasha S. Cooper, Deputy District Attorneys, for Real Party in Interest.

OPINION

VOGEL (C.S.), P.J. —

INTRODUCTION

Defendant and petitioner Michael Bodner seeks a writ compelling the trial court to dismiss attempted murder charges against him, pursuant to Penal Code section 1387, which bars further prosecution of an action which has been twice terminated.1 We grant the writ. A prior action was terminated by the granting of defendant's motion under section 995...

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