Does a court's refusal to sever the gang charges and/or bifurcate the enhancement allegations in a criminal case constitute a violation of due process?
California, United States of America
The following excerpt is from People v. Hargis, Consolidated Cases No. F067352, Consolidated Cases No. F068398, F067598 (Cal. App. 2016):
In light of the foregoing, the trial court did not abuse its discretion by refusing to sever the gang charges and/or bifurcate the gang enhancement allegations. (See People v. Mendoza, supra, 24 Cal.4th at pp. 161-162; People v. Burnell, supra, 132 Cal.App.4th at pp. 947-948.) For the same reasons, the trial court's denial of severance and/or bifurcation did not result in a violation of due process.
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