People v. Carreon
California Court of Appeal
[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
- People v. GarciaCalifornia Supreme Court · 1984
- People v. WimsCalifornia Supreme Court · 1995
- People v. Superior Court (Mendella)California Supreme Court · 1983
- Ramos v. Superior CourtCalifornia Supreme Court · 1982
- People v. Superior Court (Martinez)California Court of Appeal · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burris v. Superior CourtCalifornia Supreme Court · 2005
- Salazar v. Superior CourtCalifornia Court of Appeal · 2000
- Ziesmer v. Superior CourtCalifornia Court of Appeal · 2003
- Berardi v. Superior CourtCalifornia Court of Appeal · 2008
- Burris v. Superior CourtCalifornia Supreme Court · 2005
5 more not listed; retrieve them via the Exa API.