In Re Farr

This proceeding was initiated by petition for writ of habeas corpus filed by William T. Farr to review an order of commitment made by Judge Older on August 6, 1974, imposing a sentence of five days imprisonment in the county jail and a fine of $500. Petitioner’s challenge to this order was based on a double jeopardy—res judicata—collateral estoppel theory. We requested, and there were filed, additional briefs of the parties directed to the applicability of section 654, Penal Code. We issued an order to show cause. Return thereto and opposing points and authorities have been filed by respondent court.

The thrust of Farr’s contention is that the criminal contempt proceeding, initiated by Judge Older and based on his July 28, 1971, contempt findings and order, in which Farr was sentenced to five days in the county jail pursuant to section 1218, Code of Civil Procedure on August 6, 1974, following his December 6, 1971, acquittal of criminal contempt initiated by Judge Older’s affidavit based on substantially the same contempt findings, is barred under the provisions of section 654, Penal Code prohibiting multiple prosecution.

The genesis of this controversy was an order re…