Can a judge order severance in the trial of an otherwise joinable offense?

California, United States of America


The following excerpt is from People v. Bean, 251 Cal.Rptr. 467, 46 Cal.3d 919, 760 P.2d 996 (Cal. 1988):

Section 954 also provides, however, that a trial court may order severance in the trial of otherwise joinable offenses when it appears that separate trials are required in the interest of justice. The provision reflects an apparent legislative recognition that severance may be necessary in some cases to satisfy the overriding constitutional guarantee of due process to ensure defendants a fair trial. (See Williams v. Superior Court (1984) 36 Cal.3d 441, 452, 204 Cal.Rptr. 700, 683 P.2d 699.)

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