California Penal Code Section 793
Penal Code Section 793 provides: "When an act charged as a public offense is within the jurisdiction of another state or country, as well as this state, a conviction of acquittal thereof in the former is a bar to the prosecution or indictment therefor in this State."
Section 656 provides: "Whenever on the trial of the 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."
The statutes each provide for the same result but differ in their application: '" 793 should be applied as a procedural defense to bar the institution of a criminal prosecution while 656 should be applied to bar conviction once the prosecution has already been brought.' " (People v. Comingore (1977) 20 Cal.3d 142, 148, 141 Cal. Rptr. 542, 570 P.2d 723.)
In People v. Gofman (2002) 97 Cal.App.4th 965, the Court reviewed the law regarding section 656 and how it would apply in situations involving charges of conspiracy and substantive crimes contemplated within the conspiracy. Rather than reinventing the wheel, we quote from Gofman.