California Court of Appeal

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BURRISS v. SUPERIOR COURT OF ORANGE COUNTY (PEOPLE), G028636

Penal Code section 1387 will not bar a subsequent felony prosecution where the identical criminal act, here a DUI, was originally charged as a misdemeanor and was previously dismissed by the court.

Appellate Information

  • Decided 04/30/2002
  • Published 04/30/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Marlin G. Stapleton, Jr., and Marlin G. Stapleton, Jr., Tustin, for Petitioner., Carl C. Holmes, Public Defender (Orange County), Deborah A. Kwast, Chief Deputy Public Defender, Kevin Phillips and Lee Blumen, Deputy Public Defenders, as Amici Curiae, upon the request of the Court of Appeal., Michael P. Judge, Public Defender (Los Angeles), and John Hamilton Scott, Deputy Public Defender, as Amici Curiae, upon the request of the Court of Appeal., Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Real Party in Interest., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Patti W. Ranger and Lise Jacobson, Deputy Attorneys General, as Amici Curiae, upon the request of the Court of Appeal.

  • For Appellees:
  • No appearance for Respondent.
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