Tapp v. Superior Court

Opinion

SCOVILLE, P. J.

Prior to 1988, the prosecution of a felony in California was barred when the same charge had been twice previously dismissed. Penal Code section 1387.1 was enacted to create an exception to that rule for certain violent felonies. If constitutional, it allows a third opportunity to prosecute after two prior dismissals, assuming specific enumerated circumstances apply.

I

An information filed in February 1988, charged petitioner with rape, forced oral copulation, burglary and assault. In August 1988, the prosecution was granted a three-month continuance for trial, over…