Lovelace

I. BACKGROUND

A. Procedural Background After a June 2023 preliminary hearing, the People filed an information against Lovelace alleging, in two consolidated cases, rape, aggravated kidnapping and nine other felony offenses,2 along with certain special sentencing enhancements and seven aggravating factors alleged under rule 4.421. Among the aggravating factors is an allegation that the rule 4.421(c) residual clause applies to counts 1, 2, 3, 4, 6, 8, and 9 because Lovelace “has similar prior conduct.” Lovelace moved to set aside the information under section 995 on various grounds, including a contention that all of the alleged aggravating factors are unconstitutional. Premising his constitutional attack on the fact that none of the rule 4.421 aggravating factors alleged against him was drafted “ ‘with a jury in mind,’ ” and advancing both separation of powers and due process arguments, he contended that the residual clause aggravating factor is especially problematic. The court denied the motion, and Lovelace

2 In the 11 counts, the district attorney charges Lovelace with eight

felonies and three misdemeanors involving rape, sexual assault, assault, domestic violence, false…