California Court of Appeal

Dismissal of a complaint filed against defendant for conspiracy to commit murder, after the People had twice filed attempted murder charges against defendant, which were both dismissed, is reversed and remanded, where: 1) Penal Code section 1387 limits the number of times the People may file a complaint for the "same offense" to two time for a felony; 2) “same offense” means an offense with identical elements; 3) defendants may attempt murder without conspiring to murder, and may conspire to murder without attempting to murder; and thus, 4) they were not the same offense, and section 1387 did not bar the filing of the third complaint.

Appellate Information

• Decided 07/09/2014
• Published 07/09/2014

Judges

• IKOLA

Court

• California Court of Appeal

Counsel