Does section 1387 of the Penal Code, which permits refiling a felony complaint after dismissal, deprive defendants of the right to a speedy trial?
California, United States of America
The following excerpt is from People v. Floyd, 1 Cal.3d 694, 464 P.2d 64, 83 Cal.Rptr. 608 (Cal. 1970):
3 Since we find that neither defendant was deprived of a speedy trial, we need not reach defendants' further contention that the procedural requirements of People v. Wilson, 60 Cal.2d 139, 32 Cal.Rptr. 44, 383 P.2d 452, when combined with section 1387 of the Penal Code, which permits refiling of felony complaints after dismissal, deprives defendants of the right to a speedy trial.
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