The separate prosecution of two offenses—petty theft and felony assault— committed thirty minutes apart in the same mall, did not violate the Kellett rule. Appellant approached a minor in a mall, took her phone, and walked away. Thirty minutes later, in a different area of the same mall, appellant and three others assaulted another minor and took her phone. After appellant was charged and sentenced for petty theft based on the first incident, assault charges were filed based on the second incident. The court held that petty theft is not similar to felonious assault, even if both offenses were committed to obtain cell phones. Further, the prosecutions required separate evidence, and any overlapping evidence was trivial. Finally, the Kellett rule does not require that offenses committed at different times and places be prosecuted in a single proceeding.

The full opinion is available on the court’s website: https://www4.courts.ca.gov/opinions/documents/B338111.PDF