Does a magistrate's pronouncement of judgment and sentence on a charge of assault bring the case within the section 654 prohibition of multiple prosecution?
California, United States of America
The following excerpt is from Burris v. Superior Court, 117 Cal.Rptr. 898, 43 Cal.App.3d 530 (Cal. App. 1974):
Because petitioner cannot be punished for more than one of the crimes charged in the complaint, the magistrate's pronouncement of judgment and sentence on the misdemeanor count brings the case squarely within the multiple prosecution prohibition of section 654, assuming the validity [43 Cal.App.3d 537] of the judgment and sentence. (See Kellett v. Superior Court, 63 Cal.2d 822, 828, 48 Cal.Rptr. 366, 409 P.2d 206.)
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