California Court of Appeal

Dismissal of complaint accusing defendant of misdemeanor vehicular manslaughter is affirmed as the trial court did not err in finding that the charge had previously been dismissed, as a felony, under Penal Code section 871, and thus was barred by Penal Code section 1387 as construed in Burris v. Superior Court (2005) 34 Cal.4th 1012.

Appellate Information

• Decided 09/25/2007
• Published 10/23/2007

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael W. Ferguson, District Attorney, David M. Walters, Deputy Dist. Atty., Nevada City, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Thomas M. Anderson, Public Defender, Daniel M. Geffner, Deputy Public Defender, for Defendant and Respondent.