9.01.080 Multiple Prosecutions for Same Act.
(1) When the same conduct of a defendant may establish the commission of more than one offense under the laws of the city, the defendant may be prosecuted for each of such offenses. Each of such offenses may be alleged as a separate count in a single complaint and/or notice to appear.
(2) Upon prosecution for an offense, the defendant may be convicted of either the offense charged or an included offense, but not both. An included offense may be any of the following:
(a) A lesser degree of the same offense;
(b) An attempt to commit the offense charged;
(c) An attempt to commit a lesser degree of the offense charged; or
(d) An offense necessarily proved if the offense charged were proved.
Whenever charges are filed against a person, accusing such person of an offense which includes another offense of which the person has been convicted, the conviction of such included offense shall not bar prosecution or conviction of the offense charged if such offense charged was not consummated at the time of conviction of the included offense, but the conviction of such included offense shall be annulled upon the filing of such charges. Evidence of such person’s plea or any admission or statement made by such person in connection therewith in any of the proceedings which resulted in such person’s conviction of the included offenses shall not be admissible at the trial of the offense charged. If such person is convicted of the offense charged, or of an included offense, the person so convicted shall receive credit against any sentence imposed or fine to be paid for the period of confinement actually served or the amount of any fine actually paid under the sentence imposed for such annulled conviction. (Ord. 83-75 § 2, 1983.)