People v. Manago

This appeal turns on the multiple prosecution bar of Penal Code, section 654. “An act or omission which is made punishable in different ways by different provisions of this Code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.”

Defendant entered the employees’ locker room of a San Francisco department store. This area was not open to the public, and defendant was not an employee. He was observed going through the…