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Name: Burris v. Superior Court
Case #: G028636
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/30/2002
Subsequent History: Rev. granted 10/16/02.

Penal Code section 1387 does not prohibit the prosecutor from refiling a dismissed misdemeanor charge as a felony. Disagreeing with the court in People v. Nelson (1964) 228 Cal.App.2d 135, the court found People v. Smith (1904) 143 Cal.597 controlling on the interpretation of “it” as referring to the subsequently filed charge.