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Name: People v. Juarez
Case #: S219889
Court: CA Supreme Court
District CalSup
Opinion Date: 03/17/2016

A complaint charges the "same offense" within the meaning of Penal Code 1387 if, as pleaded, either the new felony charge or a previously dismissed felony charge is necessarily included in the other charge. The defendants were charged with two counts of attempted murder (Pen. Code, §§ 664/187) and assault with a firearm (Pen. Code, § 245, subd. (b)). In July 2012, the prosecution successfully moved to dismiss that information and refiled the case the same day. When the case came to trial, the prosecution was unprepared to proceed, and the case was dismissed. The prosecution filed a third case,…

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Name: People v. Mower
Case #: F030690
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/06/2000
Subsequent History: Review Granted March 14, 2001 (S094490)

In this marijuana possession and cultivation case, the appellate court held it was not error for the trial court to fail to instruct, sua sponte, on the primary caregiver defense, because the defense was not supported by substantial evidence. While a trial court has the power to instruct a jury on its power to return a special verdict, it is inappropriate to so instruct the jury when there is little doubt as to the legal effect of the facts found. Here, if the jury found appellant was growing marijuana for his own personal use, the jury would have…

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