Coleman

This petition challenges the trial court’s refusal to sever a murder prosecution from a prosecution for sex crimes committed upon two minors, neither of whom was the victim of the charged murder.

On March 20, 1980, an information was filed charging petitioner with murder (Pen. Code, § 187) with special circumstances that it was committed during the commission of rape (§ 190.2, subd. (a)(17)(iii)) and during the commission of sodomy (§ 190.2, subd. (a)(17)(iv)). Rape (§ 261, subd. 2) and sodomy (§ 286, subd. (c)) charges accompanied the murder charge, the victim of which was Shirley Hill. The information further charged petitioner with committing a lewd act (§ 288) upon Denisha, a child under the age of fourteen, and with commission of two counts of rape (§ 261, subd. 2) and one count of oral copulation (§ 288a, subd. (c)) upon Denise, also a child under the age of fourteen.

Petitioner moved to sever the charges relating to the two minors from the charges related to Shirley Hill. The motion was heard by the trial court and denied. Petitioner then petitioned this court for a writ of mandate and/or prohibition seeking severance. A divided court denied the petition.…