Ramos v. Superior Court

Opinion

KAUS, J.

Defendant David Ronald Ramos, charged by information with one count of murder and one special circumstance, seeks a writ of prohibition to restrain his trial on the special circumstance allegation. Ramos contends (1) that Penal Code section 1387 1 bars prosecution of the special circumstance allegation because that allegation has twice been dismissed by a magistrate, and (2) that the evidence presented at the preliminary hearing is insufficient to hold him to answer for the special circumstance. We conclude that prosecution of the special circumstance allegation is barred by…