California, United States of America
The following excerpt is from People v. Rivera, 35 Cal.App.4th 506, 41 Cal.Rptr.2d 421 (Cal. App. 1995):
The leading case on whether, in particular circumstances, a single act which violates two or more statutes will amount to more than one offense is Blockburger v. United States (1932) 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306, which addressed in pertinent part the relatively narrow question whether a single sale of narcotics could be punished as two offenses, under both of the sections of the federal Narcotics Act the sale had allegedly violated. Blockburger said: "The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.... 'A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the [39 Cal.App.4th 480] defendant from prosecution and punishment under the other.' " (284 U.S. at p. 304, 52 S.Ct. at p. 182.)
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