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UTAH STATUTES AND CODES
77-8a-1 - Joinder of offenses and of defendants.
77-8a-1. Joinder of offenses and of defendants.
(1) Two or more felonies, misdemeanors, or both, may be charged in the same indictmentor information if each offense is a separate count and if the offenses charged are:
(a) based on the same conduct or are otherwise connected together in their commission;or
(b) alleged to have been part of a common scheme or plan.
(2) (a) When a felony and misdemeanor are charged together the defendant is afforded apreliminary hearing with respect to both the misdemeanor and felony offenses.
(b) Two or more defendants may be charged in the same indictment or information if theyare alleged to have participated in the same act or conduct or in the same criminal episode.
(c) The defendants may be charged in one or more counts together or separately and allof the defendants need not be charged in each count.
(d) When two or more defendants are jointly charged with any offense, they shall be triedjointly unless the court in its discretion on motion or otherwise orders separate trials consistentwith the interests of justice.
(3) (a) The court may order two or more indictments or informations or both to be triedtogether if the offenses, and the defendants, if there is more than one, could have been joined in asingle indictment or information.
(b) The procedure shall be the same as if the prosecution were under a single indictmentor information.
(4) (a) If the court finds a defendant or the prosecution is prejudiced by a joinder ofoffenses or defendants in an indictment or information or by a joinder for trial together, the courtshall order an election of separate trials of separate counts, grant a severance of defendants, orprovide other relief as justice requires.
(b) A defendant's right to severance of offenses or defendants is waived if the motion isnot made at least five days before trial. In ruling on a motion by defendant for severance, thecourt may order the prosecutor to disclose any statements made by the defendants which heintends to introduce in evidence at the trial.
(1) Two or more felonies, misdemeanors, or both, may be charged in the same indictmentor information if each offense is a separate count and if the offenses charged are:
(a) based on the same conduct or are otherwise connected together in their commission;or
(b) alleged to have been part of a common scheme or plan.
(2) (a) When a felony and misdemeanor are charged together the defendant is afforded apreliminary hearing with respect to both the misdemeanor and felony offenses.
(b) Two or more defendants may be charged in the same indictment or information if theyare alleged to have participated in the same act or conduct or in the same criminal episode.
(c) The defendants may be charged in one or more counts together or separately and allof the defendants need not be charged in each count.
(d) When two or more defendants are jointly charged with any offense, they shall be triedjointly unless the court in its discretion on motion or otherwise orders separate trials consistentwith the interests of justice.
(3) (a) The court may order two or more indictments or informations or both to be triedtogether if the offenses, and the defendants, if there is more than one, could have been joined in asingle indictment or information.
(b) The procedure shall be the same as if the prosecution were under a single indictmentor information.
(4) (a) If the court finds a defendant or the prosecution is prejudiced by a joinder ofoffenses or defendants in an indictment or information or by a joinder for trial together, the courtshall order an election of separate trials of separate counts, grant a severance of defendants, orprovide other relief as justice requires.
(b) A defendant's right to severance of offenses or defendants is waived if the motion isnot made at least five days before trial. In ruling on a motion by defendant for severance, thecourt may order the prosecutor to disclose any statements made by the defendants which heintends to introduce in evidence at the trial.
Enacted by Chapter 201, 1990 General Session
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