Pleadings

Trial Court Permission to Consolidate Pleadings

When a defendant is held to answer following separate preliminary hearings on charges brought in separate complaints, can the People file a unitary information covering the charges in both those cases or must they obtain the trial court's permission to consolidate the pleadings? (See Pen. Code, §§ 949, 954.) Held: Penal Code1 section 954 provides in relevant part: “[1] An…

Case: People v. Henson (2022) 13 Cal.5th 574
Case Number: S252702
Updated: 20220801
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Constitutionality of Three Strikes Law–Requiring Prosecutors to Plead and Prove Prior Convictions

(1) Does the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) violate the separation of powers doctrine by requiring prosecutors to plead and prove prior qualifying felony convictions? (2) If there is a duty to plead prior qualifying convictions, is mandamus the proper remedy to compel a prosecutor to act? Held: Dismissed as moot on 8/20/25.  

Case: The Association of Deputy District Attorneys v. Gascón (2022) 79 Cal.App.5th 503, review granted 8/31/2022
Case Number: S275478/B310845
Updated: 20250820
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