Can a motion to dismiss a criminal case be dismissed under section 1387, subdivision (a) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Ruiz, G037652 (Cal. App. 6/22/2007), G037652 (Cal. App. 2007):

Defendant moved to dismiss case No. 05CF2562 under section 1387, subdivision (a), which reads in relevant part, as follows: "An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony or if it is a misdemeanor charged together with a felony and the action has been previously terminated pursuant to this chapter, or Section 859b, 861, 871, or 995 . . . ." This section is sometimes referred to as the "`two-dismissal rule.'" (Miller v. Superior Court (2002) 101 Cal.App.4th 728, 739.) "Two dismissals of a felony action bars further prosecution, except in certain specified circumstances." (Ibid.)

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