Legal Opinion
People v. Puentes
California Court of Appeal
Decided December 20, 2010No. H034546PublishedCited by 10 opinions
1Opinion of the Court
Opinion
PREMO, J.
A jury convicted defendant Benjamin Puentes of statutory rape of someone more than three years younger. The trial court suspended imposition of sentence and placed defendant on felony probation for three years. On appeal, defendant contends that (1) he was subjected to vindictive prosecution, (2) the conviction violates the proscription against multiple prosecutions set forth in Penal Code section 6541 as construed by Kellett v. Superior Court (1966) 63 Cal.2d 822 [48 Cal.Rptr. 366, 409 P.2d 206], (3) the felony punishment violates the state Constitution’s double jeopardy…
2Cases cited10 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
- Kellett v. Superior CourtCalifornia Supreme Court · 1966
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3Cited by10 opinions
- People v. VillanuevaCalifornia Court of Appeal · 2011
- People v. BoltonCalifornia Court of Appeal · 2011
- Johnson v. Super. Ct.California Court of Appeal · 2016
- Johnson v. Superior Court of L. A. Cnty., California Court of Appeal, 5th District2016
- Short v. Superior CourtCalifornia Court of Appeal · 2019
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