Skip to content
Name: People v. Pinedo
Case #: B175225
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 04/26/2005
Subsequent History: Rev. den. 8/10/05

The prosecution may not refile a felony complaint after a magistrate has dismissed the case on speedy trial grounds. Prior to the preliminary hearing on the original charges, the magistrate dismissed the complaint on the constitutional grounds of unreasonable preaccusation delay. The People did not appeal that dismissal, but refiled the complaint. The magistrate dismissed the new complaint, clarifying that the original dismissal had been with prejudice. The People appealed, arguing that the first dismissal was legally erroneous and that double jeopardy did not bar refiling. The Court of Appeal found both contentions irrelevant, the first because the issue was not properly before the court, and the second because the speedy trial issue involved not double jeopardy but the state and federal due process clauses.