California, United States of America
The following excerpt is from People v. Gutierres, A130363 (Cal. App. 2011):
On September 7, 2010, defendant filed a motion under section 995 to dismiss the aggravated mayhem count (count V) on the grounds of vindictive prosecution. Then on October 1, 2010, defendant expanded his motion arguing the fourth count must also be dismissed under the authority of People v. Rodriguez (2010) 188 Cal.App.4th 722, review granted January 12, 2011, S187680, a case that had been decided about 10 days earlier. The trial court granted the motion to dismiss the aggravated mayhem count. Then after further briefing, the court also granted the motion to dismiss count IV explaining its decision as follows:
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