A criminal defendant seeking to sever counts into separate trials has the burden of proving either that the counts were misjoined under § 46-11-404(1), MCA, or, if joinder was proper, that severing the counts under § 46-13-211(1), MCA, is necessary to prevent unfair prejudice. State v. Southern, 1999 MT 94, ¶ 14, 294 Mont. 225, 980 P.2d 3.
We review whether counts were properly joined in an information de novo. Some factors used to consider whether counts in an information are of similar character include whether the charges are brought under the same statute; whether the charges involve similar victims, locations, or modes of operation; the time frame within which the charges occurred; and the geographical area within which the charges occurred. A defendant has the burden to prove that counts were misjoined under § 46-11-404(1), MCA. State v. Freshment, 2002 MT 61, ¶ 22, 309 Mont. 154, 43 P.3d 968.
Determining whether charges were properly joined in a charging document is a question of law which we review de novo. State v. Southern, 1999 MT 94, ¶ 17, 294 Mont. 225, 980 P.2d 3.