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


The following excerpt is from People v. Coleman, B270939 (Cal. App. 2018):

At the outset, we note that the murder charge and the domestic violence charges involve the same class of crimes. That is, assault with a firearm (count 1), possession of a firearm by a felon (count 2), criminal threats (count 3), possession of ammunition by a felon (count 4), and murder (count 5) are offenses which possess common characteristics or attributes. (See People v. Landry, supra, 2 Cal.5th at p. 76 [holding that murder, assault by a prisoner, and possession of a weapon by a prisoner all qualify as assaultive crimes for purposes of section 954].) We now turn to the four factors outlined in Alcala to determine if the court erred by joining the two sets of charges.

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
Is there any case law where a defendant has been found guilty of a charge under section 1109 of the California Criminal Code of Civil Procedure for domestic violence prior to the charge being brought against him? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.