California, United States of America
The following excerpt is from People v. Iliya, C084631 (Cal. App. 2020):
Defendant does not challenge the trial court's denial of his in limine motion for severance. Instead, he contends that looking at what actually happened at the joint trial, the failure to sever his trial resulted in gross unfairness to him. When a motion to sever is based on developments that occur during trial, the defendant must renew his motion to sever or is barred from raising the issue on appeal. (People v. Homick (2012) 55 Cal.4th 816, 848, fn. 21; People v. Ervin (2000) 22 Cal.4th 48, 68.) Defendant did not renew his motion to sever during the trial. Thus, he may not raise his appellate claim. But even if he could, we would conclude that defendant has not shown any unfairness or due process violation.
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