Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever?

California, United States of America


The following excerpt is from People v. Delvillar, F069224 (Cal. App. 2017):

Appellants contend their motions for mistrial and for a new trial should have been granted because the trial court did not grant the motions to sever. On appeal, a trial court's ruling on a motion for new trial is subject to review for abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 667.) A motion for mistrial is also reviewed for abuse of discretion, and such a motion should only be granted when a party's chances of receiving a fair trial have been "irreparably damaged." (People v. Ayala (2000) 23 Cal.4th 225, 282.)

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