People v. Superior Court (Martinez)

As to two defendants, the superior court dismissed one count (murder) of a twelve-count multiparty indictment on the ground that prosecution of the murder charge against them is barred by Penal Code section 1387. That section provides that further prosecution of a felony is barred if the action has twice been previously terminated. The People seek a writ of mandate compelling the superior court to vacate this order. We shall issue the writ, concluding that the murder charge has not been twice previously terminated.

Procedural Background

On June 22, 1992, the People filed a complaint (case No. BA060225) in two counts, charging real parties in interest Isiais Martinez and Rubidia Lopez, as well as Jorge Sanchez (not a party to this proceeding), with (1) murder (§ 187), and (2) conspiracy to commit insurance fraud (Ins. Code, former § 1871.1, see now Pen. Code, § 550, subd. (a)(6)).

As required by sections 859b and 738, a preliminary hearing was held on this complaint from September 24 to October 6, 1992. The evidence at the preliminary hearing indicated the defendants staged a vehicle accident for the purpose of defrauding an insurer.

On June 17, 1992, Sanchez drove a…