What is the burden of proving prejudice against a defendant in a consolidated case?

California, United States of America


The following excerpt is from People v. Thomas, H042200 (Cal. App. 2017):

Where, as here, offenses in separate cases meet a statutory basis for consolidation (i.e., being connected together in their commission, or being of the same class of crimes), a defendant bears the burden to "make a clear showing of prejudice to establish that the trial court abused its discretion" in consolidating the cases. (People v. Mendoza (2000) 24 Cal.4th 130, 160 (Mendoza).) In performing our review, we examine the record before the trial court when it made its decision to consolidate and consider: "(1) the

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