Anderson v. Superior Court

In this proceeding for a writ of prohibition we adjudicate, for the first time in this state, the question whether the People may pursue an appeal from an order dismissing an accusatory pleading under section 995 of the Penal Code and, while that appeal is pending, file a new pleading charging the same offense and proceed to trial on the second pleading. For reasons stated hereinafter, we conclude that although the People may simultaneously file an appeal from the dimissal of the first pleading and seek a new accusation, they should be required to elect between these two courses of action…