(a) The court may order two or more indictments or information 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 such single indictment or information. (b) Except as otherwise provided by § 65.35, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the prosecuting attorney at the time of the commencement of the first trial. NOTE: Subsection (a) of § 65.30 is identical to former § 1098 and former Rule 13. See also Fed. R. Crim. P. 13. See generally 8 Moore, Federal Practice &&13.01-13.04 (1974). For prerequisites for joinder, see § 55.35. Subsection (b) is new. It is substantively the same as Model Penal Code § 1.07(2). Its purpose is to limit separate trails and the potential abuse arising therefrom - especially the possibility of avoidance of the rule against consecutive sentencing. See 9 GCA § 80.10(c).
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