Traylor

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 341 OPINION This case comes before us upon transfer from the Appellate Division of the Nevada County Superior Court. (Cal. Rules of Court, rule 8.1000 et seq.) The appellate division affirmed the trial court's order dismissing a complaint accusing defendant Dale Traylor of misdemeanor vehicular manslaughter. (Pen. Code, § 192 , subd. (c)(2); further undesignated statutory references are to the Penal Code.) The trial court determined that the charge had previously been dismissed, as a felony, pursuant to section 871, and thus was barred by section 1387 as construed in Burns v. Superior Court (2005) 34 Cal.4th 1012 [ 22 Cal.Rptr.3d 876 , 103 P.3d 276 ] (hereafter Burris ). We certified two issues for transfer. *Page 342 The dispositive issue concerns the dismissal of a felony charge and the refiling of a misdemeanor charge for the same offense. The Supreme Court has construed section 1387 to provide that…