People v. Henson

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When a defendant is held to answer on charges brought in separate cases following separate preliminary hearings, the People do not need the court's permission to file a unitary information, covering the charges in both those cases, as their first pleading where the charges meet the requirements set out in Penal Code section 954. In this case, defendant challenged the inclusion of all counts in a unitary information by means of a motion to set aside the information pursuant to section 995. The court reversed the order granting the motion to set aside counts 1 through 4 of the information and remanded for further proceedings. The court held that the judge deliberately ignored half of the record before him, and erred in his interpretation of the controlling law and in his ruling. View "People v. Henson" on Justia Law