Turner

Defendant made an unsuccessful motion to dismiss the information on the grounds of double prosecution in violation of Penal Code section 654 as construed by Kellett v. Superior Court (1966) 63 Cal.2d 822 [ 48 Cal.Rptr. 366 , 409 P.2d 206 ], He then pled guilty, obtained a certificate of probable cause and appealed solely on the ground that the trial court erroneously denied the motion. The central question is whether the Kellett issue is cognizable on appeal after a guilty plea. We hold that it is. On the merits, however, we find no violation of the proscription against multiple prosecutions and therefore affirm the judgment.

Under a plea bargain struck after his motion to dismiss was denied, defendant pled guilty to six counts of lewd and lascivious conduct upon a child under the age of 14 (Pen. Code, § 288, subd. (a)) and two counts of penetration of the genital or anal openings of another person by a foreign object (§ 289, subd. (a)). Seven other counts were dismissed. Defendant was sentenced to 60 consecutive years in state prison. This appeal followed.

Factual and Procedural Background

In the afternoon of May 4, 1982, defendant twice became enraged at Tammy, his…