When will a jury consider a motion to joinder two counts of murder?

This is a capital case. But that circumstance merely means the court had to carefully exercise its discretion to avoid prejudicing defendant. It does not automatically require severance. "Even where the People present capital charges, joinder is proper so long as evidence of each charge is so strong that consolidation is unlikely to affect the verdict." ( People v. Ochoa (2001) 26 Cal.4th 398, 423, 110 Cal.Rptr.2d 324, 28 P.3d 78 ; accord, People v. OMalley , supra , 62 Cal.4th at p. 969, 199 Cal.Rptr.3d 1, 365 P.3d 790.) The court acted reasonably in finding that consolidation was not likely to affect the verdict.

For these reasons, we also reject defendants argument that joinder was so unfair as to violate his federal constitutional

[235 Cal.Rptr.3d 25]

rights. The trial court properly permitted the counts to be tried together.

3. Defendants Pitchess Motion