What is the burden of proving that consolidation or denial of severance was an abuse of discretion?
California, United States of America
The following excerpt is from People v. Garcia, E057421 (Cal. App. 2014):
Next we consider whether some of the gang charge was unusually likely to inflame the jury against defendant. The burden of demonstrating that consolidation or denial of severance was a prejudicial abuse of discretion is upon him who asserts it; prejudice must be proved, and a bald assertion of prejudice is not enough. (People v.
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