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5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
Best Answer Thanks! The simple answer is yes. A person can be tried twice for the same act, once by the state and once by the feds. Double jeopardy does not apply because they are separate sovereigns. The state can prosecute the violation of a state crime, and the feds can prosecute the violation of a federal crime. In some states, it matters in what order this happens. In New York, for example, the state cannot prosecute someone for the same act if the feds went first.