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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..
Therefore, if the crime you are charged with allows you to be sent to state prison as a punishment, it is a felony regardless of the actual punishment you receive. Examples of felonies are murder, arson, rape, drunk driving 3rd or more offense, kidnapping, etc.