California Court of Appeal

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Berardi v. Superior Ct. (People), D051271

Petition for writ of mandate and/or prohibition challenging trial court's order overruling defendant's demurrer to a complaint charging him with murder and conspiracy to commit murder is denied over claims that: 1) the complaint is barred by Penal Code section 1387's "two dismissal" rule as there were two prior dismissals or terminations of actions against him involving the same charges; or, alternatively, 2) to the extent section 1387 does not require dismissal of the complaint, he was denied his constitutional right to equal protection of the law.

Appellate Information

  • Decided 01/25/2008
  • Published 02/20/2008

Judges

  • McDONALD, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jose Carlos Rojo, Law Offices of Jose c. Rojo, San Diego, CA, for Petitioner., Bonnie M. Dumanis, District Atty., Cathy Stephenson, Craig E. Fisher and Richard S. Armstrong, Deputy Dist. Attys., San Diego, CA, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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