Davis

Penal Code section 790, subdivision (b) (section 790(b)), allows for two or more counts of murder committed in different counties to be tried together so long as the charged murders are “ ‘connected together in their commission.’ ” Here, a Contra Costa County grand jury returned an indictment charging defendant Lavida Marie Davis with two counts of murder in connection with the 2004 and 2006 deaths of her infant sons, the first of whom died in Alameda County, the other in Contra Costa County. Defendant moved to set aside the special venue allegation—justifying a single trial in Contra Costa County—arguing that Alcala v. Superior Court (2008) 43 Cal.4th 1205 [ 78 Cal.Rptr.3d 272 , 185 P.3d 708 ] {Alcala) held that section 790(b) is intended to allow a single trial only of serial killers. The trial court agreed, and granted the motion. We disagree, and reverse.

BACKGROUND

The Grand Jury of Contra Costa County returned an indictment by which defendant was charged with the murder of her 46-day-old son Darion Lee Johnson in September 2006 in Contra Costa County, and with the murder of her 22-day-old son Emmanuel Lee Beals, Jr., in February 2004 in Alameda County. The…