California · Penal Code

PEN §1021: If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or

Civil

What this law says, in plain English

A prior dismissal or acquittal based on pleading defects or variance does not bar prosecution for the same offense; dismissal to pursue a higher offense is not a final acquittal.

Read the full statutory text

If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.

Verify at the official source: California legislative text

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