Does a prior conviction for robbery constitute double jeopardy?

California, United States of America


The following excerpt is from People v. White Eagle, 43 Cal.App.4th 1053, 51 Cal.Rptr.2d 68 (Cal. App. 1996):

Appellant claims the use of his prior conviction to impose multiple punishment violates double jeopardy because he is being cumulatively punished for the same act. We assume the "same act" to which appellant refers is the robbery which underlies his prior conviction.

As explained in North Carolina v. Pearce (1969) 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656:

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