Statutory double jeopardy prevented state prosecution after the defendant was convicted in federal court for offenses arising from the same incident. The physical act supporting the federal assault charge — striking the victim in the head with a hammer — was the same physical act required to prove state charges of attempted murder, assault with a deadly weapon, and elder abuse, even though some elements were different and the penalty for the state offenses exceeded the federal penalty. Defendant was permitted to demonstrate this through judicial notice of federal court records because they were offered only to prove what was alleged, not whether the allegations were true, a permissible nonhearsay use. The trial court’s decision did not depend on resolution of any factual issue that was required to be submitted to a jury.

[Editor’s note: J. Desautels authored a concurring and dissenting opinion, which would have held that the state attempted murder and elder abuse charges could still be prosecuted under PC 656.]

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A170759.PDF