Legal Opinion

People v. Carreon

California Court of Appeal

Decided November 26, 1997No. B099959PublishedCited by 10 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

GILBERT, J.

An enhancement is dismissed twice, the first time by a superior court judge pursuant to a Penal Code section 995 motion.1 The enhancement is refiled. It is dismissed a second time by a magistrate after a preliminary hearing.

Here we hold that section 1387 bars prosecution of the enhancement.

*806 The Two-dismissal Rule

The prosecution of defendant Salvador Carreon first proceeded by grand jury indictment. Count in of the indictment charged Carreon with, among other matters, assault with a deadly weapon on J.H. by means likely to produce great bodily injury. “J.H.” apparently refers…

2Cases cited6 opinions

  1. People v. GarciaCalifornia Supreme Court · 1984
  2. People v. WimsCalifornia Supreme Court · 1995
  3. People v. Superior Court (Mendella)California Supreme Court · 1983
  4. Ramos v. Superior CourtCalifornia Supreme Court · 1982
  5. People v. Superior Court (Martinez)California Court of Appeal · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Burris v. Superior CourtCalifornia Supreme Court · 2005
  2. Salazar v. Superior CourtCalifornia Court of Appeal · 2000
  3. Ziesmer v. Superior CourtCalifornia Court of Appeal · 2003
  4. Berardi v. Superior CourtCalifornia Court of Appeal · 2008
  5. Burris v. Superior CourtCalifornia Supreme Court · 2005

5 more not listed; retrieve them via the Exa API.

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