Does anyone know where the State's ability to join defendants is codified or spelled out in case law? I've searched Sections 3 - 7 of the Penal Code and found a few near hits. Section three allows joinder of offenses against the same defendant.
Also, if the State joins the co-defendants successfully, can the defense justify severance for any reasons other than: (1) inconsistent defenses or (2) prior convictions that could be used against the other for impeachment?
