Wyo. R. Crim. P. 8 (2026)

Rule 8. Joinder of Offenses and Defendants. (a) Joinder of offenses. — Two or more offenses may be charged in the same citation, indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character, are based on the same act or transaction, or are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan. (b) Joinder of defendants. — Two or more defendants may be charged in the same citation, indictment or information if they are alleged to have partici- pated in the same act or transaction, or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be

Rule 8 WYOMING COURT RULES 22

charged in one or more counts together, or separately, and all of the defendants need not be charged in each count.

Compare. — Rule 8, Fed. Rules Cr. Proc. joint trial could be separately introduced at Prosecutorial discretion in charging of- trials for the separate offenses establishes the fenses. — When the defendant’s conduct vio- lack of prejudice. Tabor v. State, 616 P.2d 1282, lates more than one criminal statute, it is the 1980 Wyo. LEXIS 306 (Wyo. 1980). prosecutor who decides how many offenses to Facts under which joinder proper. — See charge. Jerskey v. State, 546 P.2d 173, 1976 Lee v. State, 653 P.2d 1388, 1982 Wyo. LEXIS Wyo. LEXIS 170 (Wyo. 1976). 409 (Wyo. 1982). Joinder of indictments is matter for Joinder of several offenses — concealing court’s discretion. — Joinder of two or more stolen goods, burglary, murder, assault — indictments, pending against defendant for was proper because of their interrelation (i. e., same criminal act, is a matter for court’s dis- concealed guns played a prominent part in the cretion. Dycus v. State, 529 P.2d 979, 1974 Wyo. murder and assault, the concealment of a car LEXIS 254 (Wyo. 1974). and the burglary were connected with the flight Joinder found proper. — In a prosecution from the scene of the crime), and the trial court for delivery of crack cocaine, the district court did not abuse its discretion in denying a motion did not abuse its discretion in denying defen- to sever, the facts of the case being uncompli- dant’s motion to sever, where defendant failed cated and the jury being specifically instructed to meet his burden of showing that he was that each charge had to be considered sepa- subjected to significant prejudice by his joint rately. Pote v. State, 695 P.2d 617, 1985 Wyo. trial. Hernandez v. State, 2001 WY 70, 28 P.3d LEXIS 445 (Wyo. 1985). 17, 2001 Wyo. LEXIS 85 (Wyo. 2001). Defendant’s plan, scheme, or course of Court properly joined two sexual assault of- conduct. — Where defendant was engaged in fenses because the offenses were similar in a sexual relationship with the victim and character and so related as to constitute parts helped the victim run away from home and of a common scheme or plan. Defendant knew then obstructed her safe return, defendant’s both victims, and in each instance, defendant plan, scheme, or course of conduct was obvi- entered the home of the victim under the cover ously to continue his relationship with the of darkness, told the victim he was there to victim, and the fact that the separate charges rape her, subdued her by force and demanded spanned a few days was of no concern. Bell v. that she perform oral sex upon him. Lessard v. State, 994 P.2d 947, 2000 Wyo. LEXIS 4 (Wyo. State, 2007 WY 89, 158 P.3d 698, 2007 Wyo. 2000), reh’g denied, 2000 Wyo. LEXIS 14 (Wyo. LEXIS 96 (Wyo. 2007), overruled, Patterson v. Feb. 8, 2000). State, 2025 WY 30, 565 P.3d 692, 2025 Wyo. Joinder of three criminal actions to LEXIS 31 (Wyo. 2025). show common scheme or plan. — Defen- Similar offenses may be joined. — Where dant was not prejudiced by joinder of trials of the offenses charged were of the same or simi- three criminal actions against him for child lar character, such as narcotic transactions sexual abuse where testimony concerning other closely related in time, place and manner of victims would have been admissible in separate execution, they properly could have been joined trials under Wyo. R. Evid. 404(b) as evidence to in one indictment in separate counts. Dobbins show motive or a common scheme or plan and v. State, 483 P.2d 255, 1971 Wyo. LEXIS 210 defendant failed to show jury was confused by (Wyo. 1971). joinder of the charges. Simmers v. State, 943 But care should be taken to avoid preju- P.2d 1189, 1997 Wyo. LEXIS 113 (Wyo. 1997). dice from joinder. — There is always a pos- Joinder found proper. — Joinder of mur- sibility of prejudice resulting from a joinder of der and attempted murder charges was proper, similar offenses and care must be taken at the where evidence would have been admissible at initial stage of the proceedings to guard against a separate trial on each offense; evidence of such a possibility. Dobbins v. State, 483 P.2d defendant’s attempted murder of police officers 255, 1971 Wyo. LEXIS 210 (Wyo. 1971); Tabor v. would have been admissible as circumstantial State, 616 P.2d 1282, 1980 Wyo. LEXIS 306 evidence to prove his involvement in murder (Wyo. 1980). earlier reported to officers, and evidence of Considerations in guarding against murder would have been admissible to prove such prejudice. — In guarding against preju- motive in attempted murder of officers. Mitch- dice resulting from a joinder of similar offenses, ell v. State, 982 P.2d 717, 1999 Wyo. LEXIS 103 one of the prime considerations is whether or (Wyo. 1999). not evidence relating to the similar offenses Misjoinder as error of law. — Misjoinder charged would be admissible in the separate of an embezzlement related offense, and the trial of each offense. Dobbins v. State, 483 P.2d offense of submitting a false voucher for a 255, 1971 Wyo. LEXIS 210 (Wyo. 1971); Tabor v. battery, occurred as an error of law. Howard v. State, 616 P.2d 1282, 1980 Wyo. LEXIS 306 State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. (Wyo. 1980). 1988), reh’g denied, 1988 Wyo. LEXIS 158 And fact establishing lack of prejudice. (Wyo. Nov. 7, 1988). — The fact that the evidence presented at a Court did not err in refusing to sever

23 RULES OF CRIMINAL PROCEDURE Rule 9

counts alleging delivery of drugs, where nor filed a request to be furnished with a bill of the evidence of separate offenses was not particulars setting forth the precise theory un- shown to be so complicated that the jury could der which the state would prosecute the charge not separate and evaluate them. Dorador v. against them, appellants were sufficiently ap- State, 768 P.2d 1049, 1989 Wyo. LEXIS 41 prised to permit a defense on all aspects of the (Wyo. 1989). crime charged, including that of aiding and Joinder permitted unless separate trials abetting. Neilson v. State, 599 P.2d 1326, 1979 compelled. — As a general rule, defendants Wyo. LEXIS 447 (Wyo. 1979), cert. denied, 444 can be indicted or informed against together U.S. 1079, 100 S. Ct. 1031, 62 L. Ed. 2d 763, unless there are compelling reasons for sepa- 1980 U.S. LEXIS 755 (U.S. 1980). rate trials. Linn v. State, 505 P.2d 1270, 1973 Joint trials are expeditious. — Joint trials Wyo. LEXIS 139 (Wyo.), cert. denied, 411 U.S. of persons charged together with committing 983, 93 S. Ct. 2277, 36 L. Ed. 2d 959, 1973 U.S. the same offense or with being accessory to its LEXIS 2437 (U.S. 1973). commission are the rule, rather than the excep- Concern whether defendant prejudiced tion. There is a substantial public interest in from joint trial. — A concern is whether or not this procedure. It expedites the administration the defendant is prejudiced as a result of a joint of justice, reduces the congestion of trial dock- trial. Tabor v. State, 616 P.2d 1282, 1980 Wyo. ets, conserves judicial time, lessens the burden LEXIS 306 (Wyo. 1980). upon citizens who must sacrifice both time and Information sufficient to apprise defen- money to serve upon juries, and avoids the dants. — Where the record clearly demon- necessity of recalling witnesses who would oth- strates that appellants were jointly charged in erwise be called upon to testify only once. Linn the same information of committing grand lar- v. State, 505 P.2d 1270, 1973 Wyo. LEXIS 139 ceny, where the allegations in the information (Wyo.), cert. denied, 411 U.S. 983, 93 S. Ct. were sufficient to reasonably apprise them of 2277, 36 L. Ed. 2d 959, 1973 U.S. LEXIS 2437 the theory that they were being charged with (U.S. 1973); Lee v. State, 653 P.2d 1388, 1982 having participated in a series of acts constitut- Wyo. LEXIS 409 (Wyo. 1982). ing an offense and that they aided and abetted Waiver. — By failing to object to prejudicial one another in the accomplishment and success joinder of charges before trial, defendant of the venture, where the information alleged waived any objection to the joinder and did not that the coins found in “their” car were later properly preserve issue for appeal. Cox v. State, counted and totaled $196.30, where appellants 964 P.2d 1235, 1998 Wyo. LEXIS 127 (Wyo. neither sought relief from prejudicial joinder 1998).