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PEOPLE v. PUENTES

No. H034546.

190 Cal.App.4th 1480 (2010)

THE PEOPLE, Plaintiff and Respondent, v. BENJAMIN PUENTES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

December 20, 2010.

Attorney(s) appearing for the Case

Syda Kosofsky , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Deputy Attorney General, Seth K. Schalit and Scott C. Mather , Deputy Attorneys General, for Plaintiff and Respondent.

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 654

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