Double Jeopardy v. Double Punishment--Confusion in California

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the identity of the offense test and the necessarily included offense test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the necessarily included offense test from § 1023, but also a broader indivisible transaction test. Case law in this area has broadened the individual\u27s right not to be subject to multiple prosecutions and to be free from multiple punishments