California Court of Appeal

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

When supplanting a pending misdemeanor complaint with a new felony charge, premature dismissal of the misdemeanor before a new felony charge is filed does not bar further prosecution under Penal Code section 1387.

Appellate Information

  • Decided 08/01/2002
  • Published 08/01/2002

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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