Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing accusatory pleading. For the purposes of Section 1387, the action shall be deemed as having been previously terminated. The defendant shall be rearraigned on the accusatory pleading and a new time period pursuant to Section 859b or 1382 shall commence.
Cal. Penal Code § 1387.2
Dismissal of the Action for Want of Prosecution or Otherwise
Applied in 1 court decision — leading case 77 Cal. App. 4th 24 - Paredes v. Superior Court (1999)
Most recently applied in 77 Cal. App. 4th 24 - Paredes v. Superior Court (December 1999)
Added by Stats. 1992, Ch. 278, Sec. 2
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.