Consolidation of Counts

In determining whether to grant a motion to sever, trial courts must balance the possibility of prejudice to the defendant against the judicial economy resulting from a joint trial.  This balancing process is within the discretion of the trial court and, absent an abuse of discretion, we will not substitute our judgment for that of the trial court.  State v. Martin, 279 Mont. 185, 190, 926 P.2d 1380, 1384 (1996).

The burden of showing prejudice rests on the defendant.  In showing prejudice, it is not sufficient that the defendant prove some prejudice or that a better chance of acquittal exists if separate trials are held.  Rather, the defendant must show the prejudice was so great as to prevent a fair trial.  State v. Richards, 274 Mont. 180, 188, 906 P.2d 222, 227 (1995).