THE PEOPLE, Plaintiff and Appellant,
v.
DALE TRAYLOR, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
July 13, 2009.
July 13, 2009.
Attorney(s) appearing for the Case
Michael W. Ferguson and Clifford H. Newell, District Attorneys, and David M. Walters, Deputy District Attorney, for Plaintiff and Appellant.
Steve Cooley, District Attorney (Los Angeles), Lael R. Rubin, Phyllis C. Asayama and Tracey W. Lopez, Deputy District Attorneys, for Los Angeles County District Attorney as Amicus Curiae on behalf of Plaintiff and Appellant.
Thomas M. Anderson, Public Defender, and Daniel M. Geffner, Deputy Public Defender, for Defendant and Respondent.
Michael P. Judge, Public Defender (Los Angeles) and John Hamilton Scott, Deputy Public Defender as Amici Curiae on behalf of Defendant and Respondent.
Supreme Court of California.
OPINION
BAXTER, J. —
Penal Code section 1387, subdivision (a) (section 1387(a))1 sets forth circumstances under which the dismissal of a criminal action will bar further prosecution. In most instances, under this statute, one such dismissal precludes further prosecution "for the same offense" (1) "if it is a felony or . . . a misdemeanor charged together with a felony," and the action previously has been dismissed, or...
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