What is the standard of review for a motion for consolidation under Penal Code section 954?

California, United States of America


The following excerpt is from The People v. Dunn, E048311, No. SWF023948 (Cal. App. 2010):

The standard of review for a motion for consolidation under Penal Code section 954 is abuse of discretion: "When... the statutory requirements for joinder are met, a defendant must make a clear showing of prejudice to establish that the trial court abused its discretion.... [Citations.] In determining whether there was an abuse of discretion, we examine the record before the trial court at the time of its ruling. [Citation.] The factors to be considered are these: (1) the cross-admissibility of the evidence in separate trials; (2) whether some of the charges are likely to unusually inflame the jury against the defendant; (3) whether a weak case has been joined with a strong case or another weak case so that the total evidence may alter the outcome of some or all of the charges;... [Citation.]" (People v. Mendoza (2000) 24 Cal.4th 130, 160-161.) The state's strong interest in joinder affords the trial court broad discretion in ruling on consolidation. (People v. Cummings (1993) 4 Cal.4th 1233, 1284.)

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