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Name: Burris v. Superior Court
Case #: G028636
Opinion Date: 04/30/2002
Division: 3
Citation: 97 Cal.App.4th 1399

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.