California Court of Appeal

In a case in which defendant was first sentenced and convicted of conspiracy to distribute methamphetamine, and in a second subsequent case indicted and convicted of charges of conspiracy to distribute methamphetamine, but this time for the benefit of Nuestra Familia gang, the second conviction is reversed and vacated where defendant's indictment was barred under Kellett v. Superior Court (1966) 63 Cal.2d 822 and Penal Code section 654 because the prosecution was aware that the same course of conduct formed a significant part of the offenses charged in the first complaint.

Appellate Information

• Published 2016/06/13

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel