Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise
California Codes

Cal. Penal Code § 1387.2 (2026)

Dismissal of the Action for Want of Prosecution or Otherwise

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1999–2021 · leading case: Paredes v. Superior Court, 91 Cal. Rptr. 2d 350 (Cal. Ct. App. 1999).
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Paredes v. Superior Court, 91 Cal. Rptr. 2d 350 (Cal. Ct. App. 1999). · cites it 2× “) As relevant, Penal Code section 1387.2 provides that “[u]pon 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.”
People v. Trone CA2/8 (Cal. Ct. App. 2021). “The defendant waived time postponing his statutory speedy trial right which would have 2 Penal Code section 1387.2 provides: “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…”
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