What is the test for combining charges of possession of a hypodermic needle with assault by a life prisoner?

California, United States of America


The following excerpt is from People v. Tousant, 278 Cal.Rptr.3d 900, 64 Cal.App.5th 804 (Cal. App. 2021):

Two or more different offenses "connected together in their commission" or "of the same class of crimes or offenses" may be charged and tried together in one case. ( 954.) A court may further consolidate to one or more accusatory pleadings if "filed ... in the same court." ( Id . ) " Offenses of the same class are offenses which possess common characteristics or attributes. " ( People v. Landry (2016) 2 Cal.5th 52, 76 [possession of a weapon while in custody and assault by a life prisoner share common characteristics of offenses in custodial context and prison-made weapons and served same purpose of preventing assault by armed prisoners]; cf. People v. Madden (1988) 206 Cal.App.3d Supp.14, 19 [charges of possession of hypodermic needle and failure to appear have no common characteristics or attributes].)

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)
Does the current offense is possession of a firearm and possession of an assault weapon apply when the current charge is assault? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is a defendant's failure to instruct the jury that possession of hypodermic needles is a defense to the charge of possession of drug paraphernalia? (California, United States of America)
Does a judge have discretion to order restraints for a life prisoner charged with violent in-prison assault? (California, United States of America)
Does proximity between a drug dealer and an alleged drug dealer in possession of an assault weapon constitute an enhancement to an assault charge? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Is there any case law where a defendant has been convicted of a charge of possession of an assault and possession of a firearm while still in custody? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.