Crim. P. 13

History

ANNOTATION Law dependent on facts of each case. The law relating to joinder and severance, and that which permits consolidation of charges, de- pends on the facts in each particular case. Hunter v. District Court, 193 Colo. 308, 565 P.2d 942 (1977). Evidence sufficient to justify consolidation of informations. Brown v. District Court, 197 Colo. 219, 591 P.2d 99 (1979). When defendant uses a common scheme to commit highly similar crimes, consolidation is not an abuse of discretion. People v. Gross, 39 P.3d 1279 (Colo. App. 2001); People v. Gregg, 298 P.3d 983 (Colo. App. 2011); People v. Bondsteel, 2015 COA 165, 442 P.3d 880, aff’d, 2019 CO 26, 439 P.3d 847. Sexual assault offenses may be joined if the evidence of each offense would be admissible in separate trials. People v. Williams, 899 P.2d 306 (Colo. App. 1995). Joint trial of defendants permitted. People v. Trujillo, 181 Colo. 350, 509 P.2d 794 (1973). Joinder of unrelated charges allowed for trial on sanity issue. Joinder of a charge of forcible rape with an unrelated deviate sexual intercourse charge committed on a different fe- male on a different date for purposes of trial on the sanity issue was not error. People v. Renfrow, 193 Colo. 131, 564 P.2d 411 (1977). There was no abuse of discretion in joining two sexual-assault-on-a-minor cases because evidence of each offense would have been ad- missible in separate trials. Even though the court admitted explicit photographs of the de- fendant with one of the victims while there were no photos of the other victim, the photos were properly admitted to corroborate the testi- mony of the victim and the photos were not unduly prejudicial. People v. Raehal, 2017 COA 18, 401 P.3d 117. Applied in People v. Lyons, 185 Colo. 112, 521 P.2d 1265 (1974); People v. Gonzales, 198 Colo. 450, 601 P.2d 1366 (1979); Jeffrey v. District Court, 626 P.2d 631 (Colo. App. 1981); Gimmy v. People, 645 P.2d 262 (Colo. 1982); Corr v. District Court, 661 P.2d 668 (Colo. 1983).