Woods

The People appeal from a superior court order dismissing a murder prosecution against defendant Sheri Ann Woods. The issue is whether either of two prior dismissals was due to excusable neglect, thus allowing the People a third filing under Penal Code section 1387.1. 1 We reverse the order and deny as moot a petition for writ of habeas corpus in which Woods challenges her custody status pending the appeal.

Background

We summarize the evidence before Municipal Court Judge Allan P. Carter, who considered and granted the People’s motion to allow a third criminal complaint to be filed. As we explain in part I of this opinion, it is *1144 Judge Carter’s ruling to which we must defer in our review of Superior Court Judge James F. Moelk’s later, contrary ruling.

First Filing

Woods and codefendant Robert F. Brunner were charged by complaint in February 1991 with the January 21st murders of Vincent Jay Benavidez (count 1) and John Madison (count 2), with firearm-use enhancements (§ 12022.5) and a multiple-murder special circumstance alleged (§ 190.2, subd. (a)(3)). Both defendants were held to answer after a preliminary hearing and charged by information in superior court.

On…

Rarely is the neglect of counsel as manifestly inexcusable as the repeated failures of the district attorney in this case. In my view, the continuing failure of prosecutors to correct glaring defects in charging documents in a homicide case after these defects were repeatedly called to their attention constitutes gross negligence.

I.

The majority’s labored attempt to find some justification for deferring to the ruling of the magistrate rather than the conflicting ruling of the superior court reflects, among other things, the majority’s belief that the magistrate addressed the central issue in this case; namely, whether the prosecutorial negligence in question “might have been the act of a reasonably prudent person under the same or similar circumstances” (Ebersol v. Cowan (1983) 35 Cal.3d 427, 435 [ 197 Cal.Rptr. 601 , 673 P.2d 271 ]; Tammen v. County of San Diego (1967) 66 Cal.2d 468, 476 [ 58 Cal.Rptr. 249 , 426 P.2d 753 ]; Baratti v. Baratti (1952) 109 Cal.App.2d 917, 921 [ 242 P.2d 22 ]), which the parties agree is the definition of “excusable neglect.” My colleagues’ deference to the magistrate is not only meaningless, because he made no such finding, but improper, because…

The People appeal from a superior court order dismissing a murder prosecution against defendant Sheri Ann Woods. The issue is whether either of two prior dismissals was due to excusable neglect, thus allowing the People a third filing under Penal Code section 1387.1. [1] We reverse the order and deny as moot a petition for writ of habeas corpus in which Woods challenges her custody status pending the appeal.

We summarize the evidence before Municipal Court Judge Allan P. Carter, who considered and granted the People's motion to allow a third criminal complaint to be filed. As we explain in part I of this opinion, it is Judge Carter's ruling to which we must defer in our review of Superior Court Judge James F. Moelk's later, contrary ruling.

Woods and codefendant Robert F. Brunner were charged by complaint in February 1991 with the January 21st murders of Vincent Jay Benavidez (count 1) and John Madison (count 2), with firearm-use enhancements (§ 12022.5) and a multiple-murder special circumstance alleged (§ 190.2, subd. (a)(3)). Both defendants were held to answer after a preliminary hearing and charged by information in superior court.

On July 1, the court…