Campbell

Defendant Carl Campbell contends on appeal that his prosecution for three narcotic offenses was barred by the statutory grant of “transactional immunity” conferred by Penal Code section 1324 when it was invoked by the district attorney to compel his testimony in another felony case. The People contend defendant was given a constitutionally adequate substitute of “use immunity” by the court in the other case and by the trial court here which precluded the use of the testimony.

We reverse the conviction pursuant to the mandate of Penal Code section 1324. We hold that where, as here, the defendant properly invokes the privilege against self-incrimination in a felony proceeding and is compelled by invocation of section 1324 to testify to matters which tend to incriminate him as to presently charged offenses, he may not be prosecuted for them, notwithstanding that his testimony is not used against him.

Facts

The charges in this case were filed on January 21, 1980. On the following April 18th, defendant was called as a witness in the case of People v. Hill, charging a felony assault by Hill upon Barbara Dooley on August 4, 1979, at 1914 Fourth Street, Sacramento. When called…