Does the rule against multiple prosecutions apply to a defendant who has been convicted of a charge of harassment under the Mental Health Act?

In Breland, the court noted that the rule against multiple prosecutions is a procedural safeguard designed to prevent harassment. However, the court went on to conclude there was no harassment or fundamental unfairness when the district attorney prosecuted the defendant for the death of the victim which had not occurred at the time of the misdemeanor prosecution. "If ... the risk of harassment through both a misdemeanor and felony prosecution may be outweighed by the risk that a defendant guilty of a felony may escape proper punishment, as is true in the present case, by a parity of reasoning the rule against multiple punishment is satisfied by a provision in the judgment that the defendant be given credit for the time served pursuant to the sentence imposed in the misdemeanor case." (People v. Breland, supra, 243 Cal.App.2d at p. 652, 52 Cal.Rptr. 696.)