Does the Court have authority to bifurcate a felon in possession charge from a murder charge?

California, United States of America


The following excerpt is from People v. Woods, C081813 (Cal. App. 2017):

Based on this authority, the trial court did not have the discretion to bifurcate defendant's felon in possession charge from his murder charge. For this same reason, defense counsel was not ineffective for failing to request bifurcation of defendant's felon in possession charge. (See People v. Pierce (2015) 234 Cal.App.4th 1334, 1337 [failure to raise a meritless objection is not ineffective assistance of counsel].)

Other Questions


In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
What factors will the court consider in deciding whether to join the murder charge with the domestic violence charge as a separate set of charges under section 954 of the California Criminal Code? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Does a defendant charged with being an ex-felon in possession of a firearm stipulate to be a former felon? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.