Ortiz Báez v. Superior Court of Puerto Rico

Mr. Justice Santana Becerra,

with whom Mr. Justice Hernández Matos concurs, dissenting.

San Juan, Puerto Rico, January 26, 1970

This opinion was originally circulated as the opinion of the Court. As it did not obtain the votes of a majority, I issue it now as a dissenting opinion with some final observations.

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We issued this petition for certiorari to review the order of the Ponce Part of the Superior Court, which denied the dismissal of this criminal prosecution commenced for the *267second time, dismissal which was requested relying on the constitutional guarantee which protects the individual…