People v. Sanchez
Annotate this CaseSanchez was charged with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property for acts against victim R.D. alleged to have occurred on a Muni bus in January 2016. The prosecution dismissed the complaint due to victim unavailability. Sanchez was later charged with another robbery, assault with force likely to cause great bodily injury, and vandalism for acts against another victim on in July 2016. He rejected plea offers. The prosecutor located and subpoenaed R.D. to testify under Evidence Code section 1101(b) (uncharged acts). R.D. testified at trial. The jury found Sanchez guilty of misdemeanor assault and felony vandalism but hung on the robbery count. Days before sentencing, the prosecution re-filed the previously dismissed case. Sanchez moved to dismiss the refiled complaint, citing vindictive prosecution in violation of his constitutional right to due process. The magistrate judge granted the motion, finding a presumption of vindictiveness. He explained the reasons for dismissal in a 19-page opinion which referenced no statutory grounds; the court’s minutes stated the case was dismissed “PURSUANT TO PENAL CODE 1385 FOR REASONS STATED ON THE RECORD.” The court of appeal affirmed the superior court’s refusal to reinstate. Sanchez’s motion to dismiss for vindictive prosecution was made and decided as a matter of constitutional due process. Such a dismissal is not an enumerated order that may be reviewed under section 871.5.
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