What is the effect of section 954 of the California Criminal Code when a defendant seeks to consolidate charges against him against two different defendants?

California, United States of America


The following excerpt is from People v. Matthews, C087938 (Cal. App. 2020):

Section 954 provides that "[a]n accusatory pleading may charge . . . two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more accusatory pleadings are filed in such cases in the same court, the court may order them to be consolidated." The law prefers consolidation or joinder of charges because it promotes efficiency. (People v. Merriman (2014) 60 Cal.4th 1, 37.) A defendant can establish an abuse of discretion in ordering consolidation only by making a " ' "clear showing of prejudice." ' " (Ibid.) When reviewing the trial court's decision to consolidate, we consider only "the facts known by the trial court at the time of [its] ruling." (Ibid.)

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