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People V. Turner

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eBook details

  • Title: People V. Turner
  • Author : Third Appellate District Court of Appeal of California
  • Release Date : January 30, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Defendant made an unsuccessful motion to dismiss the information on the grounds of double prosecution in violation of Penal Code section 654 as construed by Kellett v. Superior Court (1966) 63 Cal. 2d 822 [48 Cal. Rptr. 366, 409 P.2d 206]. He then pled guilty, obtained a certificate of probable cause and appealed solely on the ground that the trial court erroneously denied the motion. The central question is whether the Kellett issue is cognizable on appeal after a guilty plea. We hold that it is. On the merits, however, we find no violation of the proscription against multiple prosecutions and therefore affirm the judgment.


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