Is kidnapping for robbery a violent crime for the purposes of section 1387.1?

California, United States of America


The following excerpt is from People v. Cross, G054153 (Cal. App. 2019):

As we explain above, section 1387.1, subdivision (a), allows the prosecution a third chance to "'refile charges'" where a prior dismissal of a violent felony "'offense'" was due solely to excusable neglect and the prosecution did not act in bad faith. (People v. Woods (1993) 12 Cal.App.4th 1139, 1156.) Robbery ( 211, 212.5, subd. (a)), and kidnapping for robbery ( 209), are violent offenses for purposes of section 667.5 ( 667.5, subd. (c)(9), (14); Dunn v. Superior Court (1984) 159 Cal.App.3d 1110, 1118 [kidnapping and kidnapping for robbery same offense for purposes of section 1387]).

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