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Name: People v. Barriga
Case #: C068063
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/30/2012
Subsequent History: Opn. modified 7/7/12

Absent a showing of due diligence in discovering evidence that supported additional criminal charges, the prosecution is precluded from pursuing a second prosecution against a defendant who entered an early plea. Defendant was the passenger in a car that had been hijacked from its owner. The victim told police defendant was not one of the carjackers. Defendant was thereafter charged with unlawfully taking a vehicle and resisting arrest, among other offenses. He pled to the resisting charge and an unrelated count in exchange for dismissal of the remaining counts. Several weeks after the plea was entered police obtained a warrant…

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