California, United States of America
The following excerpt is from People v. Nevarez, 130 Cal.App.3d 388, 181 Cal.Rptr. 691 (Cal. App. 1982):
At the time the superior court dismissed the charges against the defendants pursuant to Penal Code section 995, Penal Code section 1387 provided: "An order for the dismissal of an action pursuant to this chapter is a bar to any other prosecution for the same offense if it is a felony and the action has been previously dismissed pursuant to this chapter, or if it is a misdemeanor; except in those felony cases ... where subsequent to the dismissal of the felony the court finds that substantial new evidence has been discovered by the prosecution which would not have been known through the exercise of due diligence at or prior to the time of dismissal." The dismissals to which that section applied are those pursuant to chapter 8 of the Penal Code which includes sections 1381 through 1388, but does not include section 995. Section 1387 therefore did not provide that a dismissal under section 995 was a bar to further prosecution regardless of the number of prior dismissals. (See People v. Peters (1978) 21 Cal.3d 749, 751, fn. 1, 147 Cal.Rptr. 646, 581 P.2d 651, overruled on another point in Landrum v. Superior Court (1981) 30 Cal.3d 1, 14, 177 Cal.Rptr. 325, 634 P.2d 352.)
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