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BERARDI v. SUPERIOR COURT

No. D051271.

72 Cal.Rptr.3d 664 (2008)

160 Cal.App.4th 210

George H. BERARDI, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Fourth District, Division One.

January 25, 2008.

Attorney(s) appearing for the Case

Jose Carlos Rojo, Law Offices of Jose c.

Rojo, San Diego, CA, for Petitioner.

No appearance for Respondent.

Bonnie M. Dumanis, District Atty., Cathy Stephenson, Craig E. Fisher and Richard S. Armstrong, Deputy Dist. Attys., San Diego, CA, for Real Party in Interest.

McDONALD, Acting P.J.

George H. Berardi filed a petition for writ of mandate and/or prohibition challenging the trial court's order overruling his demurrer to a complaint filed by the San Diego County District Attorney's Office charging him with murder (Pen.Code, § 187, subd. (a))1 and conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)). Berardi argues the complaint is barred by section 1387's "two dismissal...

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