PEOPLE V. PUENTES
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 prosecution set forth in Penal Code section 654[1] as construed by Kellett v. Superior Court (1966) 63 Cal.2d 822, (3) the felony punishment violates the state Constitution's double jeopardy clause, and (4) venue in Santa Clara County was improper. We agree with defendant's vindictive-prosecution point. Since the point is dispositive, court will reverse the judgment and direct a dismissal without addressing defendant's secondary claims.
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