People v. Traylor

Opinion

BAXTER, J.

Penal Code section 1387, subdivision (a) (section 1387(a)) 1 sets forth circumstances under which the dismissal of a criminal action will bar further prosecution. In most instances, under this statute, one such dismissal precludes further prosecution “for the same offense” (1) “if it is a felony or ... a misdemeanor charged together with a felony,” and the action previously has been dismissed, or (2) “if it is a misdemeanor not charged together with a felony.”

In this case, a nine-year-old boy was killed when defendant’s sports utility vehicle collided with the victim’s…