What is the test for ordering a separate trial in a case where there are two or more defendants charged with the same public offense?

California, United States of America


The following excerpt is from People v. Castaneda, 2d Crim. No. B249571 (Cal. App. 2016):

Section 1098 provides in pertinent part: "When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order[s] separate trials." The court may order separate trials "'in the face of an incriminating confession, prejudicial association with codefendants, likely confusion resulting from evidence on multiple counts, conflicting defenses, or the possibility that at a separate trial a codefendant would give exonerating testimony.' [Citations.]" (People v. Avila (2006) 38 Cal.4th 491, 574-575 (Avila).) "Under Penal Code section 1098, a trial court must order a joint trial as the 'rule' and may

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order separate trials only as an 'exception.' [Citation.]" (People v. Alvarez (1996) 14 Cal.4th 155, 190.)

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