What is the test for a motion to sever a defendant's criminal record?

Alternatively, defendant contends even if the court properly refused to sever the motion before trial, in retrospect the joinder violated his due process rights. "'[E]ven if a trial court's ruling on a motion to sever is correct at the time it was made, a reviewing court still must determine whether, in the end, the joinder of counts or defendants for trial resulted in gross unfairness depriving the defendant of due process of law. [Citations.]' [Citations.]" (People v. Soper, supra, 45 Cal.4th at p. 783.) On a due process challenge to a joinder of counts, the defendant shoulders a "high burden" of showing the court's "'gross unfairness depriv[ed] the defendant of due process of law. [Citations.]' [Citations.]" (Ibid.)

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