California Court of Appeal

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People v. Salcido, D050330

In conviction following defendant's nolo contendere plea to assault by a prison with a deadly weapon or by means of force likely to produce great bodily injury is reversed and remanded where where the prosecution may not avoid section 1387's two-dismissal rule by charging a new offense or allegation in a third filing that would increase the offense originally charged to a violent felony when the charged offense in the prior two dismissals was not a violent felony.

Appellate Information

  • Decided 09/16/2008
  • Published 09/16/2008

Judges

  • McDONALD, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Howard C. Cohen, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Jeffrey J. Koch and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.
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