People v. Juarez, 199 Cal.Rptr.3d 735

In 2011 defendants Gerardo and Emmanuel Juarez were charged with two counts of attempted murder (felonies) arising from an incident in which Emmanuel shot one victim and Gerardo shot another. The case was dismissed by the court in July 2012, refiled the same day, and then dismissed again in December 2012.
The People then filed a new complaint charging both defendants with two counts of conspiracy to commit murder based on the same underlying facts.
Defendants moved to dismiss under Penal Code § 1387 (which bars further prosecution after two dismissals of a felony "for the same offense"); the magistrate denied relief and the superior court granted the petition and dismissed the conspiracy complaint.
The Court of Appeal reversed, relying on People v. Traylor to conclude conspiracy is not the "same offense" as attempted murder because the statutory elements differ.
The Supreme Court granted review to decide whether the conspiracy charges were the "same offense" as the twice-dismissed attempted murder charges under § 1387.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conspiracy to commit murder (as pleaded) is the "same offense" as attempted murder under § 1387	The offenses have different statutory elements, so § 1387 does not bar the new prosecution	The conspiracy counts, as pleaded, include all elements of the prior attempted murder counts and thus are the same offense barred by § 1387	Held: The conspiracy charges were the same offenses as the twice-dismissed attempted murder charges and § 1387 bars prosecution
Proper test for "same offense" when statutory elements differ	Element-based comparison controls; different elements mean different offenses	Use the accusatory-pleading test (or other context-sensitive tests) to determine whether the pleaded facts necessarily include the prior offense	Held: Courts may apply the accusatory pleading test; where the later pleading alleges facts that include all elements of the earlier charge, it is the same offense under § 1387

Burris v. Superior Court, 34 Cal.4th 1012 (2005) (discusses § 1387 purposes and text; distinguishes misdemeanor/felony refiling rules)
Traylor v. Superior Court (People v. Traylor), 46 Cal.4th 1205 (2009) (allows refiling a lesser misdemeanor after magistrate dismisses a felony on ground only lesser offense supported; holding limited to that context)
People v. Smith, 60 Cal.4th 603 (2014) (describes conspiracy elements and overt act requirement)
People v. Superior Court (Decker), 41 Cal.4th 1 (2007) (defines attempt elements)
People v. Swain, 12 Cal.4th 593 (1996) (intent-to-kill element in conspiracy context)
People v. Johnson, 57 Cal.4th 250 (2013) (overt act in conspiracy may be merely preparatory)
People v. Shockley, 58 Cal.4th 400 (2013) (explains elements test vs. accusatory pleading test for necessarily included offenses)
Dunn v. Superior Court, 159 Cal.App.3d 1110 (1984) (applied accusatory pleading test to treat later robbery charge as same offense as dismissed auto theft when facts overlapped)