MILLER v. THE SUPERIOR COURT OF ORANGE COUNTY (PEOPLE), G029632
Denial of a motion to dismiss a third indictment was proper under Penal Code section 1387, permitting a third filing where 1) prior dismissal was due to excusable neglect and 2) prosecutorial conduct did not amount to bad faith.
- Decided 08/28/2002
- Published 08/28/2002
- California Court of Appeal
- For Appellant:
- Dennis P. O'Connell, Anaheim, for Petitioner., Tony Rackauckas, District Attorney and Brian Fitzpatrick, Deputy District Attorney for Real Party in interest.
- For Appellees:
- No appearance for Respondent.