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Appellate Practice

Aug. 3, 2002

Court OKs Refiling After Dismissal of Charges

LOS ANGELES - Prosecutors can upgrade a misdemeanor to a felony even if the original charges have been dismissed, a state appellate court said Thursday. The three-justice panel of the 4th District Court of Appeal reached back to a 1904 California Supreme Court case, People v. Smith , 143 Cal. 597 (Cal. 1904), to interpret the meaning of Penal Code Section 1387, which 4th District Justice Richard Aronson described as "not a model of clarity."

By Katherine Gaidos
Daily Journal Staff Writer
        LOS ANGEELS - Prosecutors can upgrade a misdemeanor to a felony even if the original charges have been dismissed, a state appellate court said Thursday.
        The three-justice panel of the 4th District Court of Appeal reached back to a 1904 California Supreme Court case, People v. Smit...

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