Utah Code
Utah Code § 77-8a-1 (2026)
Joinder of offenses and of defendants
✓ laws through the 2026 General Session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are:
based on the same conduct or are otherwise connected together in their commission; or
alleged to have been part of a common scheme or plan.
When a felony and misdemeanor are charged together the defendant is afforded a preliminary hearing with respect to both the misdemeanor and felony offenses.
Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or conduct or in the same criminal episode.
The defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
When two or more defendants are jointly charged with any offense, they shall be tried jointly unless the court in its discretion on motion or otherwise orders separate trials consistent with the interests of justice.
The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants, if there is more than one, could have been joined in a single indictment or information.
The procedure shall be the same as if the prosecution were under a single indictment or information.
If the court finds a defendant or the prosecution is prejudiced by a joinder of offenses or defendants in an indictment or information or by a joinder for trial together, the court shall order an election of separate trials of separate counts, grant a severance of defendants, or provide other relief as justice requires.
A defendant's right to severance of offenses or defendants is waived if the motion is not made at least five days before trial. In ruling on a motion by defendant for severance, the court may order the prosecutor to disclose any statements made by the defendants which the prosecutor intends to introduce in evidence at the trial.
Amended by Chapter 302, 2025 General Session
Notes of Decisions
Cited in 23
cases (4 in the last 5 years), 2001–2026 · leading case: State v. Hildreth, 2010 UT App 209, 238 P.3d 444.
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Gallegos, 2018 UT App 192, 437 P.3d 388. “Utah Code section 77-8a-1 states, (1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their…”
State v. Rushton, 2017 UT 21, 395 P.3d 92. “Rushton urges us to, the permissive joinder statute, Utah Code section 77-8a-1, would be rendered inoperative.”
State v. Balfour, 2008 UT App 410, 198 P.3d 471. “Motion to Sever Counts 118 Utah Code section 77-8a-1 permits the State to join charges against a defendant into a single trial when certain criteria are met.”
State v. Mead, 2001 UT 58, 27 P.3d 1115. “5 of the Utah Rules of Criminal Procedure, and (2) he was unfairly prejudiced by joinder in violation of section 77-8a-1 of the Utah Code. "A denial of severance will only be reversed by this Court if it is affirmatively shown that a defendant's right to a fair trial has been…”
State v. Calliham, 2002 UT 86, 55 P.3d 573. “12 Utah Code section 77-8a-1(4)(a) provides that if a defendant is prejudiced by joinder of trial, the court shall "grant a severance of defendants, or provide other relief as Justice requires.”
State v. Lebeau, 2014 UT 39, 337 P.3d 254. “§ 77-8a-1(2)(d) (directing Utah courts to jointly try co-defendants unless the court finds that separate trials would be in “the interests of justice”); UTAH R.”
State v. Benson, 2014 UT App 92, 325 P.3d 855. “110 Section 77-8a-1 of the Utah Code governs severance and joinder.”
State v. Fitzwater, 2026 UT App 10, 584 P.3d 357. “¶84 “For a joinder to stand,” it must also “meet the prejudice prong of section 77-8a-1.” State v. Lim, 2022 UT App 69, ¶ 34 , 513 P.”
State v. Rhinehart, 2006 UT App 517, 153 P.3d 830. “Utah Code section 77-8a-1(4)(a) provides, If the court finds a defendant or the prosecution is prejudiced by a joinder of offenses or defendants in an indictment or information or by a joinder for trial together, the court shall order an election of separate trials of separate…”
State v. Vallejo, 2019 UT 38, 449 P.3d 39. “Indeed, Vallejo argues that under the relevant statute, Utah Code sections 77-8a-1(1) and (4), and our case law, he had a right to separate trials.”
State v. Burke, 2011 UT App 168, 256 P.3d 1102. “may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their commission; or (b) alleged to have been part of a common scheme or plan. Utah Code…”
Utah Code § 77-8a-1(1): 10 cases
State v. Rushton, 2017 UT 21, 395 P.3d 92. “Rushton urges us to, the permissive joinder statute, Utah Code section 77-8a-1, would be rendered inoperative.”
State v. Gallegos, 2018 UT App 192, 437 P.3d 388. “Utah Code section 77-8a-1 states, (1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their…”
State v. Balfour, 2008 UT App 410, 198 P.3d 471. “Motion to Sever Counts 118 Utah Code section 77-8a-1 permits the State to join charges against a defendant into a single trial when certain criteria are met.”
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Vallejo, 2019 UT 38, 449 P.3d 39. “Indeed, Vallejo argues that under the relevant statute, Utah Code sections 77-8a-1(1) and (4), and our case law, he had a right to separate trials.”
Utah Code § 77-8a-1(1)(a): 4 cases
State v. Gallegos, 2018 UT App 192, 437 P.3d 388. “Utah Code section 77-8a-1 states, (1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their…”
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Burke, 2011 UT App 168, 256 P.3d 1102. “may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their commission; or (b) alleged to have been part of a common scheme or plan. Utah Code…”
State v. Fitzwater, 2026 UT App 10, 584 P.3d 357. “¶84 “For a joinder to stand,” it must also “meet the prejudice prong of section 77-8a-1.” State v. Lim, 2022 UT App 69, ¶ 34 , 513 P.”
Utah Code § 77-8a-1(1)(b): 2 cases
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Jimenez, 2013 UT App 76, 299 P.3d 1158.
Utah Code § 77-8a-1(2)(d): 1 case
State v. Lebeau, 2014 UT 39, 337 P.3d 254. “§ 77-8a-1(2)(d) (directing Utah courts to jointly try co-defendants unless the court finds that separate trials would be in “the interests of justice”); UTAH R.”
Utah Code § 77-8a-1(4)(a): 8 cases
State v. Calliham, 2002 UT 86, 55 P.3d 573. “12 Utah Code section 77-8a-1(4)(a) provides that if a defendant is prejudiced by joinder of trial, the court shall "grant a severance of defendants, or provide other relief as Justice requires.”
State v. Mead, 2001 UT 58, 27 P.3d 1115. “5 of the Utah Rules of Criminal Procedure, and (2) he was unfairly prejudiced by joinder in violation of section 77-8a-1 of the Utah Code. "A denial of severance will only be reversed by this Court if it is affirmatively shown that a defendant's right to a fair trial has been…”
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Rhinehart, 2006 UT App 517, 153 P.3d 830. “Utah Code section 77-8a-1(4)(a) provides, If the court finds a defendant or the prosecution is prejudiced by a joinder of offenses or defendants in an indictment or information or by a joinder for trial together, the court shall order an election of separate trials of separate…”
State v. Fitzwater, 2026 UT App 10, 584 P.3d 357. “¶84 “For a joinder to stand,” it must also “meet the prejudice prong of section 77-8a-1.” State v. Lim, 2022 UT App 69, ¶ 34 , 513 P.”
Utah Code § 77-8a-1(a): 2 cases
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. “Utah Code section 77-8a-1 allows the joinder of offenses and defendants if certain criteria are met.”
State v. Gallegos, 2018 UT App 192, 437 P.3d 388. “Utah Code section 77-8a-1 states, (1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) based on the same conduct or are otherwise connected together in their…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.