California Court of Appeal

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Barriga v. Superior Court (People), C068063

In a carjacking case in which a juvenile had been charged in a juvenile proceeding for resisting arrest and then was charged in criminal court for the carjacking after the police found incriminating text messages on the defendant's phone, a petition for writ of prohibition is granted, where the trial court erred in denying the defendant's motion to dismiss the criminal case based on Penal Code section 654 and the California Supreme Court's decision interpreting that statute in Kellett v. Superior Court (1966) 63 Cal.2d 822, because there was no substantial evidence to support a finding that the People made reasonable efforts or acted with due diligence to discover the text messages on the defendant's phone.

Appellate Information

  • Decided 05/30/2012
  • Published 05/30/2012

Judges

  • Raye

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Harry E. Hudson, Jr., R. Todd Marshall