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PEOPLE v. CARREON

Docket No. B099959.

59 Cal.App.4th 804 (1997)

THE PEOPLE, Plaintiff and Respondent, v. SALVADOR CARREON, Defendant and Appellant.

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

November 26, 1997.

Attorney(s) appearing for the Case

COUNSEL

Michael B. Dashjian, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, John R. Gorey and Allison H. Ting, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

GILBERT, J.

An enhancement is dismissed twice, the first time by a superior court judge pursuant to a Penal Code section 995 motion.1 The enhancement is refiled. It is dismissed a second time by a magistrate after a preliminary hearing.

Here we hold that section 1387 bars prosecution of the enhancement.<...

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