People v. Nevarez

Opinion

REYNOSO, J. *

Prior to January 1, 1981, an order to set aside an indictment or information pursuant to Penal Code section 995 was not a bar to future prosecution for the same offense. (Pen. Code, § 999.) Effective January 1, 1981, the Legislature amended Penal Code section 1387 to provide that an order terminating an action under certain specified Penal Code sections, including section 995, is a bar to future prosecution for the same offense if it is a felony or a misdemeanor charged with a felony and the action has previously been dismissed under one of the specified code sections. The…