Miller v. Superior Court

Opinion

MOORE, J.

During the last three and one-half years, the Orange County District Attorney’s Office (the district attorney) has filed three criminal complaints charging petitioner Steven Robert Miller with robbery, first-degree burglary, and automobile theft, conducted three preliminary examinations, and twice dismissed the action on the eve of trial. After the third filing, petitioner unsuccessfully moved to dismiss the complaint, relying on Penal Code sections 1387 and 1387.1. Following the magistrate’s denial of his motion to dismiss, petitioner filed a motion to set aside the…