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BURRIS v. SUPERIOR COURT

No. S109746.

22 Cal.Rptr.3d 876 (2005)

34 Cal.4th 1012

103 P.3d 276

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

Supreme Court of California.

January 10, 2005.

Attorney(s) appearing for the Case

Law Offices of Marlin G. Stapleton, Jr., Marlin G. Stapleton, Jr., Tustin; Law Offices of Robert M. Dykes and Robert M. Dykes, Tustin, for Petitioner.

Carl C. Holmes, Public Defender (Orange), Deborah A. Kwast, Chief Deputy Public Defender, Kevin J. Phillips and Lee Blumen, Deputy Public Defenders, as Amici Curiae on behalf of Petitioner.

Michael P. Judge, Public Defender (Los Angeles) and John Hamilton Scott, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

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 on behalf of Real Party in Interest.

WERDEGAR, J.

Does the dismissal of a misdemeanor complaint bar all further prosecution for the same offense, even a felony charge based on the same conduct? It does not. Instead, two prior dismissals are required before felony prosecution will be barred. Because charges against defendant Michael Lehman Burris were dismissed only once, we affirm the Court of Appeal's denial of writ relief.

PROCEDURAL AND FACTUAL BACKGROUND

Burris was charged with...

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