Can a defendant who pled guilty to a misdemeanor charge under section 654 of the California Criminal Code be separately prosecuted for a felony charge based on same conduct?

[defendant who pled guilty to misdemeanor charge but made no affirmative misrepresentations, "in no manner manipulated the proceedings" and was not "on notice or believed that the [prosecution] was ignorant of the fact of dual prosecution" could not be separately prosecuted for felony charge based on same conduct]; People v. Bas (1987) 194 Cal.App.3d 878, 241 Cal.Rptr. 299 [similar].) Linville argues there is no "connivance" here because she made false statements to the probation department only after she pled guilty to the accessory charge. But it is the fact of her sentencing on the prior charge, not her plea, that matters for purposes of a claim of successive prosecution. (See Hartfield, at p. 1080, 90 Cal.Rptr. 274.) Section 654 s protections are equally unavailable to a defendant who connives and conceals after pleading guilty to a prior charge but before the pronouncement of judgment. (See Hartfield, at p. 1081, 90 Cal.Rptr. 274.) That is what Linville did.

DISPOSITION

The judgment is affirmed. The petition for writ of habeas corpus is denied.