Santa Ana : Appeal Court Dismisses Felony Conviction Case

The 4th District Court of Appeal on Tuesday dismissed the felony case against a Newport Beach man accused of causing an accident three years ago in which two people were injured, saying prosecutors had placed him in double jeopardy.

Kevin R. Bas had pleaded guilty to misdemeanor counts in connection with the Newport Beach accident: driving on a suspended license and without a license in his possession, making an illegal left turn and failure to yield the right of way.

He was given a 30-day jail sentence. But after that, prosecutors still sought to convict him on a felony count of causing bodily injury in a vehicular accident. Bas ended up pleading guilty, then appealing.

The Santa Ana appellate court found that the judge who sentenced him to 30 days in jail on the misdemeanor violations took into consideration the gravity of the accident. Forcing Bas to then face felony charges in connection with the same accident was double jeopardy, which the law does not allow, the jurists ruled.