Bodner v. Superior Court

Opinion

VOGEL (C. S.), P. J.

Introduction

Defendant and petitioner Michael Bodner seeks a writ compelling the trial court to dismiss attempted murder charges against him, pursuant to Penal Code section 1387, which bars further prosecution of an action which has been twice terminated. We grant the writ. A prior action was terminated by the granting of defendant’s motion under section 995; at the preliminary hearing in the second action the magistrate declined to hold defendant to answer for attempted murder, but held him to answer for assault with a deadly weapon. Under Ramos v. Superior Court…