People v. Uhlemann

Opinion

BURKE, J.

It has long been the rule in this state that a magistrate’s dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges. (See Ex parte Fenton, 77 Cal. 183, 184 [19 P. 267]; People v. Prewitt, 52 Cal.2d 330, 340 [341 P.2d 1].) In this case, defendant urges us to adopt an exception to that long-standing rule in cases wherein the magistrate’s dismissal was based upon his factual finding that the defendant was innocent of all charges. As…