California v. Turner
Annotate this CaseThe trial court here dismissed a violent felony charge filed against defendant-respondent Brian Turner for the third time, finding that the two prior dismissals did not result from any excusable neglect. The Riverside County District Attorney appealed. If a charge for a violent felony has been dismissed twice, Penal Code section 1387.1 authorized prosecutors to refile the charge for a third time so long as one of the dismissals was “due solely to excusable neglect . . . on the part of the court, prosecution, law enforcement agency, or witnesses,” and the prosecution did not act in bad faith. Because the first dismissal was due to the trial court’s excusable neglect, the Court of Appeal reversed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.