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Conviction for Assault is Reversed Where the Judge Denied Defense Counsel’s Motion for Separate Trials

In People v. Earle, the trial court denied the defendant’s motion for separate trials. 172 Cal.App.4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims.

The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to trial because he did not commit the felony assault he was charged with.

The court reversed the conviction for the assault count because the trial court abused its discretion by denying the motion for separate trials and permitted the prosecution to place the strongly incriminating evidence of the misdemeanor charge of indecent exposure before the same jury deciding the much more difficult felony assault charge. The jurors’ exposure to evidence resulted in gross unfairness and thus the court reversed the conviction.

It is important to contact a criminal defense attorney who can provide clarity in terms of your rights under the Constitution. If you or someone you love has been accused of a crime in California, contact the skilled Southern California criminal defense lawyers at Wallin and Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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