Alcala

In this matter, the prosecution moved under Penal Code section 790, subdivision (b) (section 790(b)), 1 to join five murder charges— one originating in Orange County, and the other four in Los Angeles County—in order to proceed with a single trial in Orange County. Each murder charge alleges a separate special circumstance (§ 190.2), making each *1209 a charge of a capital offense. We granted review to address the Court of Appeal’s conclusions that (1) intercounty joinder is proper under the statute, but (2) two of the Los Angeles murder charges must be severed for separate trial. We conclude that the appellate court was correct on the first point, but erred on the second—and therefore that a single trial on all five charges may proceed.

I

Petitioner Rodney James Alcala was tried and sentenced to death in Orange County for the June 1979 kidnapping and murder of 12-year-old Robin Samsoe. This court reversed that judgment in People v. Alcala (1984) 36 Cal.3d 604 [ 205 Cal.Rptr. 775 , 685 P.2d 1126 ] (Alcala I). Upon retrial in Orange County, petitioner again was convicted and sentenced to death. We affirmed on appeal (People v. Alcala (1992) 4 Cal.4th 742 [ 15 Cal.Rptr.2d…