Double jeopardy: Difference between revisions
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Double jeopardy | Double jeopardy | ||
Penal Code 656, 793 - double jeopardy | |||
Penal Code 778a - continuous transaction over state lines | |||
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* People v. Jackson (1936) 24 Cal.App.2d 182 | * People v. Jackson (1936) 24 Cal.App.2d 182 | ||
==Multiple offenses== | |||
People v. Vidana (2016) 1 Cal.5th 632, 651 ["We therefore conclude section 954 does not authorize multiple convictions for different statements of the same offense."] | |||
==Duplicative filings== | ==Duplicative filings== | ||
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“A procedure to dismiss one of those duplicative accessory pleadings is for the trial court to consolidate those pleadings and then dismiss the duplicate counts alleged in the consolidated pleadings.” | “A procedure to dismiss one of those duplicative accessory pleadings is for the trial court to consolidate those pleadings and then dismiss the duplicate counts alleged in the consolidated pleadings.” | ||
People v. | People v. Rodriguez (2013) 217 Cal.App.4th 326 | ||
People v. Elias (1990) 218 Cal.App.3d 1161 - “A statutory procedure which would achieve the desired result of disposing of the duplicate complaint would be to consolidate the pleadings under the newly filed complaint number as two counts and then strike one count.” | |||
Mins v. Superior Court in and for Sutter County (1955) 137 Cal.App.2d 728 | |||
People v. Superior Court (Martinez) (1993) 19 Cal.App.4th 738 | |||
People v. Boyle (19920 4 Cal.App.4th 400 | |||
==Information and indictments== | |||
People v. Cossio (1977) 76 Cal.App.3d 369 | |||
Schlosser | People v. Schlosser (1978) 77 Cal.App.3d 1007 | ||
Latest revision as of 14:02, 7 March 2024
Double jeopardy
Penal Code 656, 793 - double jeopardy
Penal Code 778a - continuous transaction over state lines
- People v. Mason (1962) 200 Cal.App.2d 282
- People v. Bell (2015) 241 Cal.App.4th 315
- People v. Vigghiany (1960) 181 Cal.App.2d 621
- People v. Conson (1925) 72 Cal.App. 509.
- People v. Burkhart (1936) 5 Cal.2d 641
- People v. O'Leary (1888) 77 Cal.30
- Ex Parte Berman (1930) 104 Cal.App. 259
- People v. Gonzalez (2015) 241 Cal.App.4th 1103
- People v. Sanchez (2020) 49 Cal.App.5th 961
- People v. Braum (2020) 49 Cal.App.5th 342
- People v. Precaido (1916) 31 Cal.App. 519)
- People v. Jackson (1936) 24 Cal.App.2d 182
Multiple offenses
People v. Vidana (2016) 1 Cal.5th 632, 651 ["We therefore conclude section 954 does not authorize multiple convictions for different statements of the same offense."]
Duplicative filings
PC1387
Berardi v. Superior Court (2008) 160 Cal.App.4th 210
“A procedure to dismiss one of those duplicative accessory pleadings is for the trial court to consolidate those pleadings and then dismiss the duplicate counts alleged in the consolidated pleadings.”
People v. Rodriguez (2013) 217 Cal.App.4th 326
People v. Elias (1990) 218 Cal.App.3d 1161 - “A statutory procedure which would achieve the desired result of disposing of the duplicate complaint would be to consolidate the pleadings under the newly filed complaint number as two counts and then strike one count.”
Mins v. Superior Court in and for Sutter County (1955) 137 Cal.App.2d 728
People v. Superior Court (Martinez) (1993) 19 Cal.App.4th 738
People v. Boyle (19920 4 Cal.App.4th 400
Information and indictments
People v. Cossio (1977) 76 Cal.App.3d 369
People v. Schlosser (1978) 77 Cal.App.3d 1007