What is the test for admitting or denying severance of an uncharged crime?
California, United States of America
The following excerpt is from Frank v. Superior Court, 257 Cal.Rptr. 550, 48 Cal.3d 632, 770 P.2d 1119 (Cal. 1989):
While the first criterion--cross-admissibility--can be dispositive when it is determined that the charged crimes would be cross-admissible at separate trials, the trial court's discretion under section 954 to deny severance is broader than its discretion to admit evidence of uncharged crimes under Evidence Code section 1101 because additional factors favor joinder. Trial of the counts together ordinarily avoids the increased expenditure of funds and judicial resources which may result if the charges were to be tried in two or more separate trials. (People v. Matson (1974) 13 Cal.3d 35, 41, 117 Cal.Rptr. 664, 528 P.2d 752;
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