California Court of Appeal

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In re R.L., A120821

In a juvenile delinquency case for conviction of unlawful possession of a "billy club" and assault with a deadly weapon by means of force likely to produce great bodily injury, denial of juvenile defendant's motion to dismiss amended petition is affirmed where the prosecutor did not violate Penal Code section 654's bar to multiple prosecutions or the rule in Kellett v. Superior Court because proceedings on a first petition were not yet concluded when the amended petition was filed.

Appellate Information

  • Decided 02/05/2009
  • Published 02/05/2009

Judges

  • SIGGINS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jenny Huang, Oakland, Candace Chen, Justice First, for Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, for Respondent.
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