California Court of Appeal

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People v. Juarez, G049037

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