Martin

Following a court trial, appellant was found guilty of burglary and sentenced to state prison. Appellant appealed, claiming (1) a violation of Penal Code section 654’s prohibition against multiple prosecutions, and (2) an improper waiver of his right to a jury trial. By opinion filed June 11, 1980, we affirmed. We subsequently granted rehearing. We affirm.

Facts:

Discussion:

Penal Code section 654, which prohibits both multiple punishment and multiple prosecution, provides in pertinent part: “An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.” The prohibition against multiple punishment is designed to ensure that a defendant’s punishment is commensurate with his criminal liability. The proscription against multiple prosecution, on the other hand, is a procedural safeguard against needless harassment and the waste of public funds. (Kellett v. Superior Court (1966) 63 Cal.2d 822, 827 [ 48 Cal.Rptr. 366…