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C.A. Announces New Carve-Out to Multiple-Prosecutions Ban

Aug 24, 2026

Div. Three of the Fourth District Court of Appeal has held that a ban on filing charges that could have been brought during an earlier prosecution does not preclude a criminal complaint accusing a man of violating a Penal Code section relating to large-capacity magazines where similar counts were dismissed in an earlier case in the interests of justice due to a since-vacated federal decision declaring the law unconstitutional.