People v. Cortez CA4/1

DISCUSSION

" 'The law prefers consolidation of charges.' " (People v. Manriquez (2005)

Cal.4th 547, 574.) Charges may be consolidated under two circumstances: (1) when

they are connected together in their commission; or (2) when they are of the same class of

crimes. (§ 954.) Offenses are of the same class of crimes or offenses if they "possess

common characteristics or attributes." (People v. Moore (1986) 185 Cal.App.3d 1005,

1012.) Offenses are connected in their commission if there is a common element of

substantial importance in their commission, including the intent or motivation with which

different acts are committed. (Alcala v. Superior Court (2008) 43 Cal.4th 1205, 1219.)

Whether offenses were properly joined under section 954 is a question of law and is

subject to independent review on appeal; the decision whether separate proceedings are

required in the interests of justice is reviewed for an abuse of discretion. (People v.

Alvarez (1996) 14 Cal.4th 155, 188.)

Cortez claims joinder was not statutorily authorized because the crimes were not

of the same class and were not linked in their commission by a common element of

substantial importance.…