What is the test for dismissing a felony charge under section 1387 of the California Penal Code?

California, United States of America

The following excerpt is from Crockett v. Superior Court In and For Santa Clara County, 117 Cal.Rptr. 58, 42 Cal.App.3d 586 (Cal. App. 1974):

As noted, Penal Code section 1387 provides that dismissal of a felony charge under sections 1381, 1381.5 or 1382 is not "a bar to any other prosecution for the same offense...." But it does not preclude the accused from asserting that he has been denied his constitutional right to a speedy trial for the offense in question. (Bellizzi v. Superior Court, 12 Cal.3d 33, 38, 115 Cal.Rptr. 52, 524 P.2d 148.)

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What is the test for dismissing a felony charge under section 1387 of the California Penal Code?

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