What is the test for determining whether a prosecution is for the "same offense" as another prosecution?
California, United States of America
The following excerpt is from People v. Chino, 2d Crim. No. B262732 (Cal. App. 2016):
In determining whether one prosecution is for the "same offense" as another prosecution, we apply "the so-called 'elements test,' which is based on a statutory comparison of the crimes." (People v. Spicer (2015) 235 Cal.App.4th 1359, 1371, quoting People v. Scott (2000) 83 Cal.App.4th 784, 795-796.) This requires us to
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