Archive

Archive for March, 2016

Death penalty affirmed

March 28, 2016 Comments off

Coming Monday

March 25, 2016 Comments off

Monday the Cal. Supremes will issue the following opinion:

 

PEOPLE v. RANGEL (PEDRO), JR.

S076785 (Madera County Superior Court – M13413A)

Argued in San Francisco 1-05-16

 

This matter is an automatic appeal from a judgment of death.

No new cases tomorrow

March 23, 2016 Comments off

The Cal. Supremes will issue no new cases tomorrow, Thursday.

No new cases Monday

March 18, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.

Same elements, same offense for two-dismissal rule of Penal Code section 1387

March 17, 2016 Comments off

SAME ELEMENTS, SAME OFFENSE FOR TWO-DISMISSAL RULE OF PENAL CODE SECTION 1387

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 that crime. The court expressed unease with this conclusion but believed that a recent opinion from this court compelled it. (People v. Traylor (2009) 46 Cal.4th 1205 (Traylor).)

We conclude that Traylor does not govern this situation. Because, as pleaded, the conspiracy charges contain all of the elements of the twice-dismissed attempted murder charges, they are the same offenses under section 1387.

People v. Juarez

S219889

http://www.courts.ca.gov/opinions/documents/S219889.PDF

 

Coming tomorrow

March 16, 2016 Comments off

Tomorrow the Cal. Supremes will issue an opinion in the following case:

 

PEOPLE v. JUAREZ (GERARDO) et al.

S219889 (G049037/G049038; Orange County Superior Court – 12CF3528)

Argued in San Francisco 1-05-16

 

This case presents the following issue: Does Penal Code section 1387 require dismissal of a criminal complaint if two prior complaints have been dismissed but the third complaint charges that the identical criminal act violates a section of the Penal Code different from that named in the two previous complaints?

No new cases Monday

March 11, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.