People v. Bracey

Opinion

THAXTER, J.

On these facts: a felony probationer, in violation of the terms of probation, commits a new offense; the prosecutor files felony criminal charges for the new offense; while a probation revocation hearing is pending, the prosecutor voluntarily dismisses the new case; after hearing, probation is revoked and reinstated without imposition of a prison commitment; the prosecutor refiles felony criminal charges for the new offense; we hold that a presumption of “vindictive prosecution” does not arise and, absent evidence of actual vindictiveness, the probationer’s due process…