What is the test for consolidation of criminal charges in a criminal case?

California, United States of America


The following excerpt is from People v. Whitney, G045762 (Cal. App. 2013):

"[B]ecause consolidation or joinder of charged offenses ordinarily promotes efficiency, that is the course of action preferred by the law." (Alcala v. Superior Court (2008) 43 Cal.4th 1205, 1220 (Alcala):) Here, it is uncontested that the crimes alleged are of the same class and the statutory requirements for consolidation were satisfied. (See People v. Vines (2011) 51 Cal.4th 830, 855.)3 A trial court abuses its

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discretion by refusing to sever properly consolidated counts only when a strong showing of undue prejudice has been made by a defendant. (People v. Soper (2009) 45 Cal.4th 759, 773.)

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