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  5. 227 Cal.App.4th 1138 (2014)
 

PEOPLE v. JUAREZ

Nos. G049037, G049038.

227 Cal.App.4th 1138 (2014)

174 Cal. Rptr. 3d 167

THE PEOPLE, Plaintiff and Appellant, v. GERARDO JUAREZ, Defendant and Respondent. THE PEOPLE, Plaintiff and Appellant, v. EMMANUEL JUAREZ, Defendant and Respondent.

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

June 30, 2014.

Attorney(s) appearing for the Case

Tony Rackauckas , District Attorney, and Brian F. Fitzpatrick , Deputy District Attorney, for Plaintiff and Appellant.

Frank Davis , Alternate Defender, and Antony C. Ufland , Deputy Alternate Defender, for Defendant and Respondent Gerardo Juarez.

John F. Schuck for Defendant and Respondent Emmanuel Juarez.

OPINION

IKOLA, J. —

Penal Code section 13871 limits the number of times the People may file a complaint for the "same offense." In the case of a felony, the People may file twice. Here, twice the People filed attempted murder charges, and both cases were dismissed. The People then filed a third complaint. Instead of filing charges of attempted murder, which...

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