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?

Check out:
CCP 36.09 and Qualley v. State, 206 S.W.3d 624, 636 (Tex. Crim. App. 2006).

You rock!

KSchaefer does indeed.

anytime . . .

Does anyone have a sample motion to use?