People v. Holly

Following a joint jury trial, codefendants were each found guilty of armed robbery, MCL 750.529; MSA 28.797. Defendants appeal as of right.

Defendants first argue that the trial court incorrectly denied their motion for separate trials. Generally, a defendant does not have a right to a separate trial; joinder is usually within the discretion of the trial court. MCL 768.5; MSA 28.1028; People v Hurst, 396 Mich 1; 238 NW2d 6 (1976). In fact, strong policy exists favoring joint trials and a defendant must make an affirmative showing that his substantial rights will be prejudiced before he is…