People v. Peters

I dissent.

The facts of this case constitute a vivid example of prosecutorial harassment and forum-shopping.1 On October 14, 1975, defendant appeared at a preliminary examination before a municipal court magistrate on charges of possession of marijuana and possession of a controlled substance for sale. (Health & Saf. Code, §§ 11357, 11378, subd. (a).). On the People’s refusal to disclose the identity of an informant deemed to be an essential witness, the magistrate dismissed the case in furtherance of justice pursuant to Penal Code section 1385.2

The People then refiled the same charges against…