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Legal Opinion

People v. Martin

California Court of Appeal

Decided December 20, 1978No. Crim. 17616PublishedCited by 4 opinions

1Opinion of the Court

Opinion

WHITE, P. J.

This is an appeal by the People from an order 1 of the Superior Court of Monterey County granting respondent Leroy Martin’s motion to dismiss the allegation of prior convictions of felonies in an amended information. We decide that when a conviction is affirmed but remanded to the trial court to give the People an opportunity to prove the . alleged “priors,” that upon the filing of the remittitur Penal Code section 1382, subdivision 2 applies; that following a dismissal of the “prior” for lack of a speedy trial, Penal Code section 1387 is not available to the People; that…

2Cases cited12 opinions

  1. In Re YurkoCalifornia Supreme Court · 1974
  2. People v. NajeraCalifornia Supreme Court · 1972
  3. People v. ThomasCalifornia Supreme Court · 1959
  4. People v. MortonCalifornia Supreme Court · 1953
  5. Crockett v. Superior CourtCalifornia Supreme Court · 1975

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. FergusonCalifornia Court of Appeal · 1982
  2. People v. MastersCalifornia Court of Appeal · 1987
  3. People v. MastersCalifornia Court of Appeal · 1987
  4. People v. ThomasAppellate Division of the Superior Court of California · 1987

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