People v. Bas

In People v. Bas (1987) 194 Cal. App. 3d 878, the appellate court found that the particular prosecutor's failure to consolidate the felony and misdemeanor proceedings puzzling because the prosecutor had "time to consider this possibility with a complete warning as to the defense intentions. " (Ibid.) The prosecutor initially objected to the defendant's intention to avoid prosecution of the felony driving under the influence charges by pleading guilty to the misdemeanor complaint. ( Id. at p. 880.) The next day the prosecutor found the plea acceptable, declaring that his office would "prevail on any double jeopardy motion concerning the felony charges. ( Id. at pp. 880-881.)