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Name: People v. Phelps
Case #: C038176
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/19/2002
Subsequent History: 12/16/02: rehrg. granted & opn. depublished; 3/19/03 rehrg. opn. not published

The trial court did not err when it allowed the prosecutor to consolidate two felony charges: making criminal threats and failure to appear. The underlying circumstances of each felony charge were relevant to the other charge. Phelps failed to appear in court proceedings involving the criminal threats charge. His failure to appear in court could reflect consciousness of guilt of pending charges. The charges shared a common element of substantial importance and therefore joinder was permissible. Further, joinder was not unfairly prejudicial. However, it was error for the court to have imposed an enhancement for failing to appear while on bail, in addition to punishment for the failure to appear under section 1320.5. The Legislature did not intend section 12022.1 to enhance a conviction for the nearly identical conduct described by section 1320.5.