Belton

In this mandate petition, Eric Belton challenges the granting of the People’s motion to consolidate two murder cases for trial. He argues that while the two offenses are of the same class, their joinder will result in substantial prejudice to him, thus rendering consolidation improper.

Petitioner’s argument relies on case law which preceded the adoption of Proposition 115. The People argue that, with the adoption of Proposition 115, California abrogated prior limitations on consolidation of criminal cases and that joinder is now limited only by the federal Constitution and California statutory law.

We conclude that while the constitutional and statutory law adopted pursuant to Proposition 115 (Cal. Const., art. I, § 30; Pen. Code, § 954.1) limit the impact of the absence of cross-admissibility as a factor precluding joinder, other factors set forth in California case law remain relevant to the trial court’s exercise of discretion as to whether it would be “in the interests of justice” to order separate trials. (Pen. Code, § 954.) Reviewing the facts of this case in light of these factors, we find no abuse of discretion in the granting of the People’s motion to…