Does a defendant have to answer on all three charges at a preliminary hearing on a charge of conspiracy to commit murder?

California, United States of America


The following excerpt is from Paredes v. Superior Ct Of L.A. County, 77 Cal.App.4th 24, 91 Cal.Rptr.2d 350 (Cal. App. 1999):

7. Le Louis, on which the superior court relies, is factually inapposite. In Le Louis, the defendant was first charged by felony complaint with two counts of solicitation of murder. After the defendant filed his first disqualification motion and while that complaint was still pending in the municipal court, a second complaint was filed alleging the same offenses and adding another defendant and another count (conspiracy to commit murder). With the defendant's consent and based upon an agreement that only one information would be filed, a combined preliminary hearing was held on both complaints. The defendant was held to answer on all three counts and a single information was filed with a new case number. The defendant said the existence of the two complaints meant there were two actions. The court disagreed, finding the two cases became one when they were consolidated for the preliminary hearing. (Le Louis v. Superior Court, supra, 209 Cal.App.3d at pp. 682-683.)

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