Alcala v. Superior Court

Opinion

GEORGE, C. J.

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 *1209a 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…