Joinder and severance - Revision history

Sysop: /* Connected together in their commission */

2025-06-03T04:50:57Z

Connected together in their commission

← Older revision		Revision as of 04:50, 3 June 2025
Line 5:		Line 5:

	===Connected together in their commission===		===Connected together in their commission===

			Although the murder itself occurred almost two years prior to defendant's escape, the offenses were nonetheless connected because the escape occurred as defendant was being returned to “lock-up” following his arraignment on the murder charge. The apparent motive for the escape was to avoid prosecution for the murder. (People v. Valdez (2004) 32 Cal.4th 73, 119.)

	===Different statements of the same offense===		===Different statements of the same offense===

Sysop: /* Permissive Joinder */

2025-02-16T02:23:56Z

Permissive Joinder

← Older revision		Revision as of 02:23, 16 February 2025
Line 10:		Line 10:
	===Same class===		===Same class===
	Same class is "offenses possessing common characteristics or attributes". (''People v. Kemp'' (1961) 55 Cal.3d 458, 476.) It does not mean two offenses within the same Title headings in the Penal Code, such as "Crimes Against the Person". (''People v. Frank'' (1933) 130 Cal.App.212.)		Same class is "offenses possessing common characteristics or attributes". (''People v. Kemp'' (1961) 55 Cal.3d 458, 476.) It does not mean two offenses within the same Title headings in the Penal Code, such as "Crimes Against the Person". (''People v. Frank'' (1933) 130 Cal.App.212.)

			===Penal Code section 954.1===


			Penal Code section 954.1: In cases in which two or more different offenses of the same class of crimes or offenses have been charged together in the same accusatory pleading, or where two or more accusatory pleadings charging offenses of the same class of crimes or offenses have been consolidated, evidence concerning one offense or offenses need not be admissible as to the other offense or offenses before the jointly charged offenses may be tried together before the same trier of fact.

	===Penal Code section 954===		===Penal Code section 954===

Sysop: /* Penal Code section 954 */

2025-02-16T01:34:31Z

Penal Code section 954

← Older revision		Revision as of 01:34, 16 February 2025
Line 12:		Line 12:

	===Penal Code section 954===		===Penal Code section 954===
	An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated. The prosecution is not required to elect between the different offenses or counts set forth in the accusatory pleading, but the defendant may be convicted of any number of the offenses charged, and each offense of which the defendant is convicted must be stated in the verdict or the finding of the court; provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately. An acquittal of one or more counts shall not be deemed an acquittal of any other count.		Statute:An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated. The prosecution is not required to elect between the different offenses or counts set forth in the accusatory pleading, but the defendant may be convicted of any number of the offenses charged, and each offense of which the defendant is convicted must be stated in the verdict or the finding of the court; provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately. An acquittal of one or more counts shall not be deemed an acquittal of any other count.

	Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)		Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)

Sysop at 03:02, 15 June 2024

2024-06-15T03:02:47Z

← Older revision		Revision as of 03:02, 15 June 2024
Line 21:		Line 21:

	If the preliminary hearings are more than 15 days apart, then a prosecutor is forced to file two information and do a motion to consolidate. (Henson, at p. 511.)		If the preliminary hearings are more than 15 days apart, then a prosecutor is forced to file two information and do a motion to consolidate. (Henson, at p. 511.)

			==Duplicative filings==

			Berardi v. Superior Court (2008) 160 Cal.App.4th 210

			People v. Elias (1990) 218 Cal.App.3d 1161

			People v. Sun (2007) 148 Cal.App.4th 374

Sysop: /* Filing one information based on two cases and two preliminary hearings */

2024-06-15T02:55:42Z

Filing one information based on two cases and two preliminary hearings

← Older revision		Revision as of 02:55, 15 June 2024
Line 19:		Line 19:

	“while court permission is required to consolidate two complaints or two informations, it is not required to incorporate two complaints into a single information where that information is the People's first pleading at the superior court stage of proceedings.” (People v. Henson (2018) 28 Cal.App.4th 490, 510.)		“while court permission is required to consolidate two complaints or two informations, it is not required to incorporate two complaints into a single information where that information is the People's first pleading at the superior court stage of proceedings.” (People v. Henson (2018) 28 Cal.App.4th 490, 510.)

			If the preliminary hearings are more than 15 days apart, then a prosecutor is forced to file two information and do a motion to consolidate. (Henson, at p. 511.)

Sysop at 02:54, 15 June 2024

2024-06-15T02:54:30Z

← Older revision		Revision as of 02:54, 15 June 2024
Line 15:		Line 15:

	Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)		Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)

			===Filing one information based on two cases and two preliminary hearings===

			“while court permission is required to consolidate two complaints or two informations, it is not required to incorporate two complaints into a single information where that information is the People's first pleading at the superior court stage of proceedings.” (People v. Henson (2018) 28 Cal.App.4th 490, 510.)

Sysop: /* =Penal Code section 954 */

2016-02-29T23:35:48Z

=Penal Code section 954

← Older revision		Revision as of 23:35, 29 February 2016
Line 11:		Line 11:
	Same class is "offenses possessing common characteristics or attributes". (''People v. Kemp'' (1961) 55 Cal.3d 458, 476.) It does not mean two offenses within the same Title headings in the Penal Code, such as "Crimes Against the Person". (''People v. Frank'' (1933) 130 Cal.App.212.)		Same class is "offenses possessing common characteristics or attributes". (''People v. Kemp'' (1961) 55 Cal.3d 458, 476.) It does not mean two offenses within the same Title headings in the Penal Code, such as "Crimes Against the Person". (''People v. Frank'' (1933) 130 Cal.App.212.)

	===Penal Code section 954==		===Penal Code section 954===
	An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated. The prosecution is not required to elect between the different offenses or counts set forth in the accusatory pleading, but the defendant may be convicted of any number of the offenses charged, and each offense of which the defendant is convicted must be stated in the verdict or the finding of the court; provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately. An acquittal of one or more counts shall not be deemed an acquittal of any other count.		An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated. The prosecution is not required to elect between the different offenses or counts set forth in the accusatory pleading, but the defendant may be convicted of any number of the offenses charged, and each offense of which the defendant is convicted must be stated in the verdict or the finding of the court; provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately. An acquittal of one or more counts shall not be deemed an acquittal of any other count.

	Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)		Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)

Sysop: Created page with " ==Mandatory Joinder== ==Permissive Joinder== ===Connected together in their commission=== ===Different statements of the same offense=== ===Same class=== Same class is "o..."

2016-02-29T23:35:33Z

Created page with " ==Mandatory Joinder== ==Permissive Joinder== ===Connected together in their commission=== ===Different statements of the same offense=== ===Same class=== Same class is "o..."

New page

==Mandatory Joinder==

==Permissive Joinder==

===Connected together in their commission===

===Different statements of the same offense===

===Same class===
Same class is "offenses possessing common characteristics or attributes". (''People v. Kemp'' (1961) 55 Cal.3d 458, 476.) It does not mean two offenses within the same Title headings in the Penal Code, such as "Crimes Against the Person". (''People v. Frank'' (1933) 130 Cal.App.212.)

===Penal Code section 954==
An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated. The prosecution is not required to elect between the different offenses or counts set forth in the accusatory pleading, but the defendant may be convicted of any number of the offenses charged, and each offense of which the defendant is convicted must be stated in the verdict or the finding of the court; provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately. An acquittal of one or more counts shall not be deemed an acquittal of any other count.

Unfortunately, courts have interpreted this quite broadly. A lot of crimes are considered in the same class of "assaultive crime against the person". Rape, robbery, and kidnapping are all the same class of assaultive crimes against the person. (People v. Rhoden (1972) 6 Cal.3d 519.) Even felon in possession is an assaultive crime against the person. (People v. Thomas (1990) 219 Cal.app.3d 134.) There are some crimes that not of the same class. Under the influence of a controlled substance is not in the same class as murder. (People v. Merriman (2014) 60 Cal.4th 1, 37.) Robbery and joyriding are not the same class. (People v. Reiner (1957) 148 Cal.App.2d 516.)