Printable Format22-3202. Joinder of charges and defendants. (1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2) When a felony and misdemeanor are joined as separate counts in the same complaint, both of such counts shall be tried together in the trial for which the defendant is bound over on the felony count. If the defendant is not bound over on the felony count, said defendant shall be tried on the misdemeanor count in the same manner as other prosecutions for misdemeanors.
(3) Two or more defendants may be charged in the same complaint, information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the crime or crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
History: L. 1970, ch. 129, § 22-3202; L. 1976, ch. 163, § 15; January 10, 1977.
Source or Prior Law:
62-1429, 62-1431, 62-1432.
Law Review and Bar Journal References:
"The Doctrine of Lesser Included Offenses in Kansas," Kay Adam, Helen Packard Dupre, 15 W.L.J. 40, 48 (1976).
"Constitutional Law: Everything You Say Can and Will Be Used Against You in a Court of Law...or Will It? [State v. Rakestraw, 871 P.2d 1274 (Kan. 1994)]," Thomas J. Parascandola, 34 W.L.J. 174, 179 (1994).
"Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996).
Criminal Procedure Edition, 47 K.L.R. 937 (1999).
"Call it a 'Plan' and A Defendant's Prior (Similar) Sexual Misconduct Is In: The Disappearance of K.S.A. 60-455," Troy W. Purinton, 70 J.K.B.A. No. 8, 30 (2001).
"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).
"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 693 (2003).
"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).
"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).
Criminal Procedure Survey, 55 K.L.R. 797 (2007).
Criminal Procedure Survey, 56 K.L.R. 800, 802 (2008).
CASE ANNOTATIONS
1. Cited as codifying prior case law governing joinder of offenses in one information and consolidation for trial of separate informations. State v. Thomas, 206 Kan. 603, 609, 481 P.2d 964.
2. Applied; conviction of narcotic offenses; no error in permitting charges to be tried simultaneously. State v. Wheeler, 215 Kan. 94, 100, 523 P.2d 722.
3. Applied; conviction of aggravated assault and possession of a firearm upheld. State v. Rasler, 216 Kan. 582, 585, 533 P.2d 1262.
4. Applied; joinder of offenses against joint defendants met standards of section. State v. Cameron & Bentley, 216 Kan. 644, 648, 533 P.2d 1255.
5. Failure to move for severance of offenses prior to trial constituted waiver to joinder. State v. Townsley, 217 Kan. 102, 103, 535 P.2d 1.
6. Conviction of theft upheld; no error in refusal to grant separate trials. State v. Norwood, 217 Kan. 150, 157, 158, 535 P.2d 996.
7. Proper joinder of counts does not require all defendants to be charged on each count. State v. Williams & Reynolds, 217 Kan. 400, 403, 536 P.2d 1395.
8. Applied; no abuse of discretion in trying offenses (burglary and theft) together. State v. Piland, 217 Kan. 689, 691, 538 P.2d 666.
9. Applied; three counts involved separate takings of property from separate persons and were properly charged as separate crimes. State v. Jackson, 218 Kan. 491, 492, 543 P.2d 901.
10. Test for joinder of counts stated; decision to join or sever rests in discretion of trial court; clear showing of abuse not established on appeal. State v. Adams, 218 Kan. 495, 505, 545 P.2d 1134.
11. Joinder of separate and distinct felonies in separate counts of one information upheld. State v. Gander, 220 Kan. 88, 90, 551 P.2d 797.
12. Several complaints tried together should be tried the same as under a single complaint; separate "mini-trials" unwarranted. State v. Boone, 220 Kan. 771, 774, 556 P.2d 880.
13. Separate informations consolidated for trial on prosecutor's motion; jury to determine each charge on evidence submitted on each count. State v. Boone, 220 Kan. 758, 766, 556 P.2d 864.
14. Applied; crimes arose from two unconnected incidents; misjoinder resulted. State v. Roberts, 223 Kan. 49, 53, 54, 55, 574 P.2d 164.
15. Paragraph (1) applied; no abuse of discretion in refusing separate trial or severance of counts. State v. Howell, 223 Kan. 282, 285, 573 P.2d 1003.
16. Applied; joinder of several defendants allowed; no abuse of discretion. State v. Watie, Heard and Heard, 223 Kan. 337, 342, 574 P.2d 1368.
17. Trial court did not err in denying separate trial to defendant; conviction and sentence affirmed. State v. Hatch and Smith, 223 Kan. 783, 785, 576 P.2d 687.
18. Separate charges properly joined; evidence of other offenses need not be admissible as to every offense for which defendant is being tried. State v. McGee, 224 Kan. 173, 175, 578 P.2d 269.
19. Subsection (3) applied; proof of criminal transactions closely connected; joinder held proper. State v. McQueen & Hardyway, 224 Kan. 420, 582 P.2d 251.
20. When a criminal charge precipitates conduct resulting in a second charge, the two are sufficiently connected for joinder. State v. Moore, 226 Kan. 747, 749, 602 P.2d 1359.
21. Cited in construing and applying Kansas double jeopardy law; prosecution based on acts proved in former prosecution barred under K.S.A. 21-3108(2)(a). In re Berkowitz, 3 Kan. App. 2d 726, 744, 602 P.2d 99.
22. Discussed; defendant properly convicted under a single or multiple larceny theory. State v. Stoops, 4 Kan. App. 2d 130, 138, 603 P.2d 221.
23. Cited; crimes involved fell within the provisions of this section. Williams v. Darr, 4 Kan. App. 2d 178, 181, 603 P.2d 1021.
24. Trial court did not err in consolidating trials. State v. Myrick & Nelms, 228 Kan. 406, 415, 616 P.2d 1066.
25. Trial court did not err in trying three defendants under joint charges at joint trial; no substance to antagonistic and alibi defenses. State v. Ferguson, Washington & Tucker, 228 Kan. 522, 524, 618 P.2d 1186.
26. Test for joinder of two or more cases for trial is same as that for charging two or more defendants in same complaint, information or indictment. State v. Tate, 228 Kan. 752, 620 P.2d 326.
27. Attempted robbery and murder arose from same act; accused's election to testify on only some of charges not grounds for severance. State v. Shaffer, 229 Kan. 310, 312, 313, 624 P.2d 440.
28. Joinder in same complaint or information of crimes charged against same defendant considered. State v. Bagby, 231 Kan. 176, 178, 642 P.2d 993 (1982).
29. Prosecution for act proved in prior prosecution barred under K.S.A. 21-3108 if prosecutions could be joined. State v. Mahlandt, 231 Kan. 665, 669, 647 P.2d 1307 (1982).
30. When criminal conduct resulting in second charge is precipitated by previous charge, consolidation for trial permissible. State v. Pondexter, 234 Kan. 208, 216, 671 P.2d 539 (1983).
31. Separate trials should be granted to avoid prejudice when antagonistic defenses exist. State v. Pham, 234 Kan. 649, 652, 675 P.2d 848 (1984).
32. Cited; test for joinder of two cases same as for charging two in same complaint; situations for joint trial discussed. State v. Reineking, 10 Kan. App. 2d 630, 634, 706 P.2d 483 (1985).
33. Grounds for separate trials reiterated; disparate evidence justifies severance in only extreme cases. State v. Holley, 238 Kan. 501, 507, 508, 712 P.2d 1214 (1986).
34. Cited; joinder of burglary, rape and sodomy charges where evidence of prior crimes admitted (K.S.A. 60-455) discussed. State v. Breazeale, 238 Kan. 714, 729, 714 P.2d 1356 (1986).
35. Cited; grounds for severance (K.S.A. 22-3204) examined. State v. Hunter, 241 Kan. 629, 632, 740 P.2d 559 (1987).
36. Consolidation for trial of two counts of making terroristic threat (K.S.A. 21-3419) examined. State v. Walker, 244 Kan. 275, 278, 768 P.2d 290 (1989).
37. Failure to furnish record showing issue of misjoinder was raised precludes consideration on appeal. State v. Trotter, 245 Kan. 657, 658, 783 P.2d 1271 (1989).
38. Joinder of misdemeanor counts of DUI and speeding occurring simultaneously properly joined with felony habitual violator charge. State v. Smith, 247 Kan. 455, 457, 799 P.2d 497 (1990).
39. Trial court's decision to permit a single trial on multiple charges was not an abuse of discretion. State v. Woods, 250 Kan. 109, 115, 116, 117, 825 P.2d 514 (1992).
40. Joinder not proper when lack of scheme or close connection. State v. Bratt, 250 Kan. 264, 266, 274, 275, 824 P.2d 983 (1992).
41. Cited in opinion that single impulse rule (single larceny doctrine) not applicable to burglary of multiple vehicles. State v. McClanahan, 251 Kan. 533, 536, 538, 836 P.2d 1164 (1992).
42. Two or more crimes may be charged in same complaint if crimes are of same or similar character. State v. Cromwell, 253 Kan. 495, 511, 856 P.2d 1299 (1993).
43. Whether court abused discretion in denying defendant's motion to sever examined. State v. Crawford, 255 Kan. 47, 53, 872 P.2d 293 (1994).
44. Whether witnesses endorsed in one of two cases consolidated for trial can testify in both cases examined. State v. Timley, 255 Kan. 286, 303, 875 P.2d 242 (1994).
45. Whether charges against codefendants were so unrelated that court erred in consolidating cases for trial examined. State v. McGraw, 19 Kan. App. 2d 1001, 1008, 879 P.2d 1147 (1994).
46. Trial court's denial of defendant's motion for separate trials on multiple similar charges not an abuse of discretion. State v. Hill, 257 Kan. 774, 779, 895 P.2d 1238 (1995).
47. Trial court did not abuse discretion by severing charges and joining trials. State v. Anthony, 257 Kan. 1003, 1016, 898 P.2d 1109 (1995).
48. Factors to be considered in determining whether sufficient prejudice to mandate severance discussed. State v. Butler, 257 Kan. 1043, 1062, 897 P.2d 1007 (1995).
49. Defendant not prejudiced by joinder of trials; alleged antagonistic defense denied. State v. Aikins, 261 Kan. 346, 357, 932 P.2d 408 (1997).
50. Effect of consolidating complaints and meaning of prior convictions for sentencing guideline criminal history purposes examined. State v. Taylor, 262 Kan. 471, 478, 939 P.2d 904 (1997).
51. Trial court ruling that sufficient evidence existed that defendant was competent to stand trial on murder charge upheld. State v. Cellier, 263 Kan. 54, 62, 66, 948 P.2d 616 (1997).
52. Prosecution has no statutory authority to appeal from dismissal of some counts of multiple-count indictment. State v. Phelps, 266 Kan. 185, 196, 967 P.2d 304 (1998).
53. Discretion not abused in joinder of murder charges; evidence material to each crime admissible independent of K.S.A. 60-455. State v. Barksdale, 266 Kan. 498, 506, 973 P.2d 165 (1999).
54. Evidence of present crime introduced under K.S.A. 60-455 in prior prosecution; dismissal on double jeopardy grounds under K.S.A. 21-3108(2)(a) upheld. State v. Barnhart, 266 Kan. 541, 544, 972 P.2d 1106 (1999).
55. No abuse of judicial discretion in failing to sever drug charges from person felony charges. State v. Shively, 26 Kan. App. 2d 302, 313, 987 P.2d 1119 (1999).
56. Assistant district attorney has absolute immunity in filing criminal information against defendant but in making affidavit for issuance of arrest warrant may not enjoy qualified immunity. McCormick v. Board of Shawnee County Comm'rs., 28 Kan. App. 2d 744, 24 P.3d 739 (2001).
57. No abuse of trial court's discretion in permitting trial of two defendants on multiple charges. State v. Dreiling, 274 Kan. 518, 54 P.3d 475 (2002).
58. Court did not abuse its discretion in denying motion to sever rape counts; requirement for joinder will not be raised to the higher requirements for admission of evidence under K.S.A. 60-455. State v. Bunyard, 281 Kan. 392, 400, 404, 133 P.3d 14 (2006).
59. Joinder not prevented by defendant's asserted desire to testify regarding some but not all charges against him. State v. Gaither, 283 Kan. 671, 688, 156 P.3d 602 (2007).
60. Misjoinder error requires reversal when error had substantial and injurious effect or influence in determining jury verdict. State v. Coburn, 38 Kan. App. 2d 1036, 1038, 1042 to 1044, 1048 to 1050, 1052, 1053, 1055, 1058, 1059, 176 P.3d 203 (2008).
61. Cited in case when two persons charged with murder and motion for separate trials denied; no error found. State v. Reid, 286 Kan. 494, 518, 186 P.3d 713 (2008).
62. Not an abuse of discretion by trial court for denying motion to sever noncapital counts from capital counts. State v. Carr, 300 Kan. 1, 101, 331 P.3d 544 (2014).
63. Third statutory condition precedent satisfied where ballistic evidence indicated the same gun was used in the commission of two different shootings. State v. Smith-Parker, 301 Kan. 132, 160, 340 P.3d 485 (2014).
64. Joinder of charges including two alternative counts of fleeing or attempting to elude an officer, theft, and driving while a habitual violator was permissible, and there was no error in denying defendant's motion to sever the charges. State v. Ritz, 305 Kan. 956, 961, 389 P.3d 969 (2017).
65. District court did not abuse its discretion in allowing consolidation of charges where a battery precipitated the factual setting that led to participation in a shooting. State v. Carter, 311 Kan. 783, 797, 466 P.3d 1180 (2020).