In re Benny G

In In re Benny G. (1972) 24 Cal. App. 3d 371, a petition filed in juvenile court alleged the minor committed an armed robbery. An amended petition filed one day before the adjudication hearing alleged that the minor was an accessory in the same robbery. The next day, at the hearing, the minor objected to a hearing on the amended petition on the ground that more time was required to prepare a defense to the allegation in the amended petition. The minor's objection was sustained. A hearing proceeded on the original petition. The juvenile court found the allegation not true that the minor committed the armed robbery. (Id. at pp. 373-374.) Several days later, a new petition was filed, alleging the minor had been an accessory in the same robbery. After a hearing, where the same witnesses testified, the court found the allegation to be true. (Id. at p. 374.) On appeal, the minor contended that he was subjected to multiple prosecutions in violation of section 654. (Id. at p. 373.) In re Benny G. agreed, finding that section 654 is applicable to juvenile proceedings. The court concluded that the minor had been subjected to unnecessary multiple prosecutions for the same course of conduct. (Id. at pp. 374-375.) In re Benny G. noted that a continuance to hear the amended petition would have been possible. (Id. at pp. 376.)