Under section 954 of the California Criminal Code, can a defendant bring charges of murder and attempted murder against the same defendant?

California, United States of America


The following excerpt is from People v. Olivares, B252620 (Cal. App. 2015):

Under section 954, unrelated offenses occurring at different times may be charged together in the same information if the offenses belong to the same class of crimes. Olivares does not dispute murder and attempted murder are in the same class of crimes. Where, as here, joinder is permissible under section 954, a defendant moving to sever counts "has the burden to clearly establish a potential of prejudice sufficient to warrant separate trials." (People v. McKinnon, supra, 52 Cal.4th at p. 630.)

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