People v. Juarez

Opinion

CHIN, J.

Penal Code section 1387 generally permits a felony charge to be dismissed and refiled once, but not twice. Two dismissals “bar . . . any other prosecution for the same offense.” (§ 1387, subd. (a).) Here, charges that defendants committed attempted murder were dismissed twice. The People then charged them with conspiracy to commit murder based on the same underlying facts as the twice-dismissed charges. The Court of Appeal held that conspiracy to commit murder is not the “same offense” as attempted murder under section 1387, and thus the statute does not bar prosecution for…