People v. Traylor, No. S157820

Court of appeal's judgment holding that a prior dismissal of a felony complaint against defendant barred his current prosecution for the same conduct as a misdemeanor is reversed where the filing and dismissal of the originally charged felony for vehicular manslaughter with gross negligence, followed in immediate succession by the filing of the lesser misdemeanor charge of vehicular manslaughter with ordinary negligence, did not constitute successive filings for the same offense and thus Penal Code sec. 1387(a) did not preclude the People from proceeding on the misdemeanor complaint.   

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Appellate Information
Appeal from Nevada County Super. Ct. No. M05-0569.
Filed July 13, 2009

Judges
Before: BAXTER, J., GEORGE, C.J., KENNARD, J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J.
Opinion by BAXTER, J.

Counsel
For Appellant: Michael W. Ferguson and Clifford H. Newell, District Attorneys, and David M. Walters, Deputy District Attorney.

For Respondent: Thomas M. Anderson, Public Defender, and Daniel M. Geffner, Deputy Public Defender.