Pinedo

The People commenced the prosecution of respondent Jesus Pinedo by filing a felony complaint alleging one count of grand theft by embezzlement. (Pen. Code, § 487, subd. (a).) Before the preliminary hearing, the magistrate dismissed the felony complaint on the constitutional grounds of unreasonable preaccusation delay. The People refiled. The magistrate then dismissed the subsequent felony complaint on the grounds that the earlier order of dismissal amounted to a dismissal with prejudice precluding further prosecution and that the People had not appealed the initial order of dismissal.

On appeal from the second order of dismissal, the People contend that there was no bar to refiling and that the initial order of dismissal was erroneous.

We find the contentions lack merit, and we affirm the order under review.

FACTS

In March 2000, General Woods and Veneers Corporation (General Woods) discovered an embezzlement by one of its employees, Daniel Kirwin. Respondent was a contractor who was a customer of General Woods. The company controller had directed Kirwin not to make further deliveries to respondent,and his company, Greystone Sash and Door (Greystone). Kirwin ignored…