P.

FACTS AND PROCEDURE

Evidence at appellant‟s preliminary hearing showed that on September 29, 1990, appellant, his brother, and Jorge Silverio were together in Los Angeles. Silverio insulted appellant and may have put appellant in a headlock. Appellant stabbed Silverio in the chest with a knife. The next day, appellant fled to Mexico. Silverio died of one stab wound to the chest. On May 12, 2011, back in Los Angeles, appellant was charged with one count of murder. The People alleged appellant killed Silverio unlawfully and with malice aforethought. Appellant moved to dismiss the case because, according to him, under Penal Code former section 656, he could not be prosecuted for an act for which he previously had been convicted in another country. In 1990, section 656 provided: “Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense.”

Penal Code section 656 currently provides: “Whenever on the trial of an accused person it appears that upon a criminal…