Bellacosa

Having evaded a pursuing deputy sheriff in South Lake Tahoe by crossing the border into Nevada, defendant Christopher Stephen Bellacosa evaded prosecution in California when the El Dorado County Superior Court dismissed a complaint charging him with felony driving under the influence of alcohol (DUI) and eluding a peace officer while driving with willful and wanton disregard for the safety of persons and property. The court ruled that because defendant was convicted in Nevada for DUI and attempting to elude Nevada officers who took up the chase after he crossed the border, his prosecution in California is barred by Penal Code section 656, which states the fact that a defendant has been acquitted or convicted in federal court, or in a court of another state or territory of the United States, “based upon the act or omission in respect to which he or she is on trial” in California, the prior acquittal or conviction is a “sufficient defense” to the crime charged in California. (Further section references are to the Penal Code unless otherwise specified.)

The People appeal from the dismissal of the complaint and from the denial of their motion to reinstate the complaint. (§…