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Maytag v. Municipal Court for Santa Barbara Judicial District of Santa Barbara County7/14/1982
the Penal Code, they were entitled, after case No. C-179,636, was dismissed, to file a new complaint. However, that statute says nothing about the time within which such a new complaint shall be filed; it deals only with avoiding any res judicata effect of the dismissal. The People here had 14 days after case No. C-179,636 was dismissed within which to act under section 1538.5; they waited 30 days!
The People here argue that petitioner may not rely on the statute of limitations, because he was responsible for the delay in holding the preliminary examination until November 28, 1979. To that contention, there are two answers: (1) much of the delay was caused by the People's unsuccessful proceeding, in the superior court and in this court, over an attempt by petitioner to rely on a defense of discriminatory prosecution; and (2) as we have pointed out above, the delay in this case did not prevent the People from filing the second complaint within the statutory period.
II
The People also raise an argument that is purely frivolous. The petition in the superior court sought relief as to the "amended complaint"; the writ herein under review refers to the "complaint." No possibility of confusion exists. Once the amendment was filed, it became the complaint in the action.
The judgment is affirmed.
Disposition
The judgment is affirmed.
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