Can the prosecution refile a charge of burglary under section 1387, subdivision (a) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. ENGRAM, 240 P.3d 237 (Cal. 2010):
5Under section 1387, subdivision (a), when a felony proceeding is dismissed pursuant to section 1382, the prosecution ordinarily may refile the felony charge so long as it has not previously been dismissed. (See, e.g., Crockett v. Superior Court (1975) 14 Cal.3d 433, 437-438, 121 Cal.Rptr. 457, 535 P.2d 321.) In this case, the burglary charge had not previously been dismissed, and thus the prosecution retained the option of refiling the charge.
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