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BURRIS v. SUPERIOR COURT

No. G028636.

119 Cal.Rptr.2d 221 (2002)

97 Cal.App.4th 1399

Michael Lehman BURRIS, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party in Interest.

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

Review Granted July 26, 2002.

Attorney(s) appearing for the Case

Law Offices of Marlin G. Stapleton, Jr., and Marlin G. Stapleton, Jr., Tustin, for Petitioner.

Carl C. Holmes, Public Defender (Orange County), Deborah A. Kwast, Chief Deputy Public Defender, Kevin Phillips and Lee Blumen, Deputy Public Defenders, as Amici Curiae, upon the request of the Court of Appeal.

Michael P. Judge, Public Defender (Los Angeles), and John Hamilton Scott, Deputy Public Defender, as Amici Curiae, upon the request of the Court of Appeal.

No appearance for Respondent.

Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Real Party in Interest.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Patti W. Ranger and Lise Jacobson, Deputy Attorneys General, as Amici Curiae, upon the request of the Court of Appeal.

OPINION

ARONSON, J.

Veteran prosecutors for years have counseled their inexperienced colleagues to proceed with care when attempting to supplant a pending misdemeanor complaint with a new felony charge. They warned that premature dismissal of the misdemeanor before a new felony charge was filed would bar any further prosecution under Penal Code section 1387.1 Our examination of this commonly held belief persuades us the exact...

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