Legal Opinion
Burris v. Superior Court
California Supreme Court
Decided January 10, 2005No. S109746PublishedCited by 1 opinion
1Opinion of the Court
Opinion
WERDEGAR, J.
Does the dismissal of a- misdemeanor complaint bar all further prosecution for the same offense, even a felony charge based on the same conduct? It does not. Instead, two prior dismissals are required before felony prosecution will be barred. Because charges against defendant Michael Lehman Burris were dismissed only once, we affirm the Court of Appeal’s denial of writ relief.
Procedural and Factual Background
Burris was charged with misdemeanor counts of driving under the influence of alcohol (DUI) and driving with a blood-alcohol level of at least 0.08 percent. (Veh. Code,…
2Cases cited37 opinions
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3Cited by1 opinion
- Burris v. Superior CourtCalifornia Supreme Court · 2005