Does a defendant have a right against double jeopardy when he is convicted of two counts of violating section 148 of the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Alston, C072773 (Cal. App. 2018):

Defendant contends her right against double jeopardy was violated because she was found guilty of two counts of violating section 148 from "one act of walking away."7 The double jeopardy bar under the Fifth Amendment protects a defendant from a second prosecution for the same offense following an acquittal or conviction, and protects

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against multiple punishments for the same offense. (People v. Anderson (2009) 47 Cal.4th 92, 103-104.)

Section 148, subdivision (e), provides in part: "A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency technician are victims." In People v. Hairston (2009) 174 Cal.App.4th 231 at page 238, we found: "If, in the course of resisting an officer, a defendant resists another officer, [defendant] is guilty of committing a second separate offense and may be convicted separately for that offense."

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