Sanders
Sanders v. Superior Court
Opinion
Lead Opinion
Schneider, J.
In this original writ proceeding, petitioner Wesley Sanders HI seeks an order from this court directing respondent court to dismiss his pending criminal prosecution in No. BA082842. We issued an order on August 4, 1999, requiring a response from the People and a reply from petitioner, and setting the matter for hearing. We now issue our opinion in which we grant the writ and order a dismissal of Sanders’s pending prosecution in respondent court.
*612 Factual Background
Sanders was originally charged in an information filed in respondent court with 10 counts of grand theft (Pen. Code, §§ 484 & 487), 1 plus various enhancements. This information was filed on June 14, 1994. Sanders’s first trial resulted in a mistrial when the jury could not reach a unanimous verdict as to any count. In May 1996, after a second trial, a jury found Sanders guilty on all 10 counts alleged in the information. He was thereafter sentenced to a total prison term of five years.
In the decision filed on November 28, 1998, this court entered an order as follows: “The judgment is reversed; the matter is remanded to the trial court for any further appropriate proceedings.” (People v. Sanders (1998)…