PEOPLE v. JUAREZ

No. S219889.

62 Cal.4th 1164 (2016)

199 Cal. Rptr. 3d 735

366 P.3d 989

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

Supreme Court of California.

Decided March 17, 2016.


Attorney(s) appearing for the Case

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

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

John F. Schuck , under appointment by the Supreme Court, for Defendant and Respondent Emmanuel Juarez.


OPINION

Penal Code section 1387 generally permits a felony charge to be dismissed and refiled once, but not twice.1 Two dismissals "bar ... any other prosecution for the same offense." (§ 1387, subd. (a).) Here, charges that defendants committed attempted murder were dismissed twice. The People...

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