The People, Plaintiff and Appellant v. Gerardo Juarez, Defendant and Respondent; the People, Plaintiff And…

Summary

The court held that section 1387 barred a third prosecution for conspiracy to commit murder because, as pleaded, the conspiracy charges necessarily included all elements of the previously dismissed attempted-murder charges. The court rejected the view that different statutory elements automatically make offenses different under section 1387, emphasizing the statute's purposes of preventing prosecutorial harassment, forum shopping, and speedy-trial evasion. The judgment of the Court of Appeal was reversed and the matter remanded for further proceedings.