In what circumstances will a defendant be denied a reduction in sentence under Proposition 47 of the California Criminal Code if he fails to charge him with conspiracy to commit a criminal conspiracy?

California, United States of America


The following excerpt is from People v. Weaver, E065362 (Cal. App. 2016):

significant part, all such offenses must be prosecuted in a single proceeding unless joinder is prohibited or severance permitted for good cause. Failure to unite all such offenses will result in a bar to subsequent prosecution of any offense omitted if the initial proceedings culminate in either acquittal or conviction and sentence.'" (Sanders v. Superior Court (1999) 76 Cal.App.4th 609, 614, fn. omitted; in accord, People v. Hamernick, 2016 Cal.App. LEXIS 562, pp. 26-27.) The People's failure to charge defendant with a conspiracy and prosecute him for that offense bars the People from post-conviction reliance on the uncharged theory of conspiracy as a basis for preventing him from benefiting from sentence reduction under Proposition 47.

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