We have two pro se defendants, both charged with criminal trespass from the same episode (separate cause numbers). The defendants have not filed any motions to consolidate their cases, but have indicated a desire to be tried together. I would prefer to try them separately so as to avoid confusion of the jury or a legal quagmire should one or both of them appeal. What may/must they do to be tried together and how should I respond?

Look under Chapter 3 of the penal code. My understanding has always been that the State decides whether it will consolidate and the defendant decides if they want to sever. I don't believe the defense can force you to try co-defendants or multiple offenses by the same defendant at the same time.

That was always my understanding as well. However, see In re Munk, 2014 Tex. App. LEXIS 9085, 2014 WL 4082109 (Tex. App. Amarillo Aug. 15, 2014) . The short version: we had split the defendant's offenses into several separate charges (different case numbers, etc). Defendant filed a motion to consolidate, which the judge granted. We filed a petition for mandamus, which the appeals court rejected, saying that the trial court did have discretion to consolidate charges against a single defendant.

Basically, the defense can't force consolidation, but they can ask for it, and the court can order it. It still don't seem right to me.

Jason's case is a little different because his case involved multiple charges, but only one defendant and all out of the same incident.

You can't be forced to try the two defendants together at the same time.

Thanks for all the input! Both of our defendants have prior admissible convictions, so, looking at 36.09 CCP, I don't think we'll have an appellate problem (at least on that front) whether they're tried jointly or separately.