Is there any dispute that count four was properly joined under section 954 of the California Criminal Code because it alleged violation of the same statute as count three?

California, United States of America


The following excerpt is from People v. Morales, B281568 (Cal. App. 2018):

There is no dispute that count four was properly joined under section 954 because it alleged a violation of the same statute as count three. (People v. Soper (2009) 45 Cal.4th 759, 771 [charges alleging violation of identical statute are "of the same class"] (Soper).) Where the statutory requirements for joinder are satisfied, a trial court's decision denying a defendant's request to sever charges is reviewed for abuse of discretion, which requires the defendant to "make a "'clear showing of prejudice."'"

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