Is defendant not prejudiced by the People not making an election?

California, United States of America


The following excerpt is from People v. Fierro, E055731 (Cal. App. 2013):

Finally, defendant has not shown he was prejudiced by the People not making an election. "[R]efusal will only be prejudicial if an election would have made some significant difference in the trial, whether through the exclusion of evidence, allowing a focused defense, or in some other respect that materially implicates the right to be advised of the charges." (People v. Salvato, supra, 234 Cal.App.3d at p. 882.) Defendant's criminal acts of possessing the weapon in his waistband and in his bunk occurred within seconds of each other, and he was given adequate notice of the evidence

Page 9

Other Questions


What authority does a defendant have to make an election to determine whether a defendant should be charged with making terrorist threats? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim? (California, United States of America)
In what circumstances will a defendant be found guilty of making criminal threats against two people? (California, United States of America)
Can a defendant who makes a threat to set fire to a building where the victim works after making the threat? (California, United States of America)
What is the test for making a Defendant pay a Defendant's unlawful detainer? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does a defendant have to make Use of a gun before making Use of the gun? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.