Monge v. California

*724Justice O’Connor

delivered the opinion.of the Court.

This ease presents the question whether the Double Jeopardy Clause, which we have found applicable in the capital sentencing context, see Bullington v. Missouri, 451 U. S. 430 (1981), extends to noncapital sentencing proceedings. We hold that it does not, and accordingly affirm the judgment of the California Supreme Court.

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Petitioner was charged under California law with one count of using a minor to sell marijuana, Cal. Health & Safety-Code Ann. § 11861(a) (West 1991), one count of sale or transportation of marijuana, § 11360(a), and one…