California Court of Appeal

The trial court's order barring the prosecutor from proceeding further against defendant on the charges of murder and firing into an inhabited house pursuant to Penal Code section 1387, which bars further prosecution of any felony offense after it has twice been terminated for reasons specified in the statute, is affirmed, where: 1) the trial court's order dismissing the first indictment qualified as a termination for purposes of section 1387 because it arose out of defendant's motion to dismiss pursuant to section 995, one of the specified bases for a qualifying termination under section 1387; and 2) the trial court's order dismissing the first indictment does not constitutes "excusable neglect" under section 1387.1, because the government has made no showing that either the court's decision to reach the merits of the section 995 motion, or its ruling thereon, was actually erroneous.

Appellate Information

• Decided 06/20/2013
• Published 06/20/2013

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel