Does Section 654 of the California Criminal Code bar a prosecution for the same act or omission under the same provision of law?

California, United States of America


The following excerpt is from Sanders v. Superior Ct Of L.A. County, 76 Cal.App.4th 609, 90 Cal.Rptr.2d 481 (Cal. App. 1999):

Section 654, subdivision (a) provides that "[a]n acquittal or conviction and sentence under any one [provision of law] bars a prosecution for the same act or omission under any other."5 In Kellett v. Superior Court (1966) 63 Cal.2d 822, 827, the court stated that "[w]hen, as here, the prosecution is or should be aware of more than one offense in which the same act or course of conduct plays a significant part, all such offenses must be prosecuted in a single proceeding unless joinder is prohibited or severance permitted for good cause. Failure to unite all such offenses will result in a bar to subsequent prosecution of any offense omitted if the initial proceedings culminate in either acquittal or conviction and sentence."

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