Bivens

After defendant waived his right to a jury trial, the court found defendant guilty of first degree murder of Kenneth Williams (count 1; Pen. Code, § 187, subd. (a)) and that proceedings on count 2, second degree robbery of Kenneth Williams (Pen. Code, § 211), were barred by the proscription against double jeopardy. Defendant was sentenced to state prison for a term of 25 years to life. He appeals from the judgment contending that the proscription against double jeopardy bars his prosecution in superior court for murder after he had admitted allegations of robbery (Pen. Code, § 211) and assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) on Kenneth Williams, in a juvenile court petition.

Factual and Procedural Background

At trial, defendant submitted the cause on the reporter’s transcript of the testimony taken at his preliminary hearing, as well as the transcript of the preliminary hearing of a codefendant, the police reports, defendant’s motion to dismiss on the ground of former jeopardy, defendant’s petition for writ of prohibition to the Court of Appeal, and the record of defendant’s juvenile court proceedings.

The…