A defendant may enter a plea of guilty or nolo contendere on the basis of a plea agreement in which the prosecuting attorney agreed to seek dismissal, agreed not to oppose dismissal, or agreed not to initiate prosecution of other offenses based upon the same conduct or upon the same criminal episode. Whenever two or more unrelated offenses have been joined for trial, the prosecuting attorney or the defendant shall have a right to a severance of the offenses. Return to this Standard's Table of Contents Return to listing of Criminal Justice Standards Standard 13-3.2. Return to this Standard's Table of Contents Return to listing of Criminal Justice Standards Standard 13-3.3. Severance is waived if the motion is not made at the appropriate time.
Severance is waived by failure to renew the motion.
Unless consented to by the defendant, or unless granted upon a finding of manifest necessity, a motion by the prosecuting attorney for severance of counts or defendants may be granted only prior to trial. If a motion for severance is granted during the trial and the motion was made or consented to by the defendant, the granting of the motion shall not bar a subsequent trial of that defendant on the offenses severed. Return to this Standard's Table of Contents Return to listing of Criminal Justice Standards Standard 13-3.4. If a defendant moves for severance of offenses or defendants at the conclusion of the prosecution's case or of all the evidence, and the evidence is not sufficient to support the allegations upon which the offenses were joined or upon which the moving defendant was joined for trial with the other defendant or defendants, the court should grant a severance if, in view of the insufficiency of the evidence, severance is deemed necessary to achieve a fair determination of the moving defendant's guilt or innocence of one or more offenses. The court may order joinder for trial of two or more offenses or of two or more defendants if neither party objects.