People v. Allen

A motion for severance is directed to the sound discretion of the trial court, and a defendant is not entitled to relief from joinder unless he can show unfair prejudice caused by the joinder of offenses. People v. Trujillo, 181 Colo. 350, 509 P.2d 794 (1973). Crim. P. 14. Such prejudice is not shown where the evidence of each transaction would be admissible in separate trials to show intent, common scheme, plan, design, or modus operandi. People v. Rivas, 197 Colo. 131, 591 P.2d 83 (1979); People v. Martinez, 190 Colo. 507, 549 P.2d 758 (1976). Pursuant to § 16-10-301, C.R.S. 1973 (1978 Repl. Vol. 8), evidence of similar transactions may be introduced in a prosecution for sexual assault. See Pigford v. People, 197 Colo. 358, 593 P.2d 354 (1979). Thus joinder of sexual assault offenses is permissible where the evidence tending to prove each offense would be admissible in separate trials to show common plan, scheme, design, identity, modus operandi, motive, guilty knowledge, or intent.