Puentes

A jury convicted defendant Benjamin Puentes of statutory rape of someone more than three years younger. The trial court suspended imposition of sentence and placed defendant on felony probation for three years. On appeal, defendant contends that (1) he was subjected to vindictive prosecution, (2) the conviction violates the proscription against multiple prosecutions set forth in Penal Code section 654 1 as construed by Kellett v. Superior Court (1966) 63 Cal.2d 822 [ 48 Cal.Rptr. 366 , 409 P.2d 206 ], (3) the felony punishment violates the state Constitution’s double jeopardy clause, and (4) venue in Santa Clara County was improper. We agree with defendant’s vindictive-prosecution point. Since the point is dispositive, we *1483 will reverse the judgment and direct a dismissal without addressing defendant’s secondary claims.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was a juvenile hall counselor. He befriended the victim during her stay in juvenile hall. When he learned that the victim was to be transferred to a group home in Fresno, he told the victim to telephone him at juvenile hall when she left the home and identify herself as someone “from the bank.” At some…