People v. Hatch

Opinion

BROWN, J.

The primary issue before us is whether the constitutional prohibitions against double jeopardy bar retrial after a dismissal under section 1385 of the Penal Code.1 We conclude they do not under the facts of this case.

Factual and Procedural Background

Defendant Daniel William Hatch was originally charged by information with seven sex offenses: (1) two counts of forcible penetration by a foreign *264object (§ 289, subd. (a); counts 1 and 2); (2) two counts of forcible oral copulation (§ 288a, subd. (c); counts 3 and 6); and (3) three counts of forcible rape (§ 261, subd. (a)(2);…