Consolidation for trial of separate indictments or informations

22-3203. Consolidation for trial of separate indictments or informations. The court may order two or more complaints, informations or indictments against a single defendant to be tried together if the crimes could have been joined in a single complaint, information or indictment. History: L. 1970, ch. 129, § 22-3203; July 1. Source or Prior Law: 62-1024. Law Review and Bar Journal References: "Criminal Procedure Survey of Recent Cases," 54 K.L.R. 983 (2005). CASE ANNOTATIONS 1. Cited as codifying prior case law governing joinder of offenses in one information and consolidation for trial of separate informations. State v. Thomas, 206 Kan. 603, 609, 481 P.2d 964. 2. Cited; not controlling that crimes arose from same transaction or with single motive and plan. State v. Ralls, 213 Kan. 249, 256, 515 P.2d 1205. 3. Applied; conviction of narcotic offenses; no error in permitting charges to be tried simultaneously. State v. Wheeler, 215 Kan. 94, 100, 523 P.2d 722. 4. Applied; defendant properly permitted to be tried on both counts of information at same trial. State v. Stewart, 219 Kan. 523, 528, 548 P.2d 787. 5. Separate informations consolidated for trial on prosecutor's motion; jury to determine each charge on evidence submitted on each count. State v. Boone, 220 Kan. 758, 766, 556 P.2d 864. 6. Several complaints tried together should be tried the same as under a single complaint; separate "mini-trials" unwarranted. State v. Boone, 220 Kan. 771, 774, 556 P.2d 880. 7. Trial court did not err in denying severance; prosecution for aggravated battery and other offenses; conviction affirmed. State v. Smith & Miller, 224 Kan. 662, 672, 585 P.2d 1006. Motion for rehearing denied, 225 Kan. 199, 588 P.2d 953. 8. When a criminal charge precipitates conduct resulting in a second charge, the two are sufficiently connected for joinder. State v. Moore, 226 Kan. 747, 749, 602 P.2d 1359. 9. Multiple charges involving three victims consolidated for single trial. State v. Bagby, 231 Kan. 176, 177, 642 P.2d 993 (1982). 10. When criminal conduct resulting in second charge is precipitated by previous charge, consolidation for trial permissible. State v. Pondexter, 234 Kan. 208, 216, 671 P.2d 539 (1983). 11. Cases properly consolidated where defendant's modus operandi and evidence were similar. State v. Boan, 235 Kan. 800, 806, 807, 686 P.2d 160 (1984). 12. Cited; joinder of burglary, rape and sodomy charges where evidence of prior crimes admitted (K.S.A. 60-455) discussed. State v. Breazeale, 238 Kan. 714, 729, 714 P.2d 1356 (1986). 13. Consolidation for trial of two counts of making terroristic threat (K.S.A. 21-3419) examined. State v. Walker, 244 Kan. 275, 277, 768 P.2d 290 (1989). 14. Whether witnesses endorsed in one of two cases consolidated for trial can testify in both cases examined. State v. Timley, 255 Kan. 286, 303, 875 P.2d 242 (1994). 15. No abuse of discretion in joining separate and distinct charges which are sufficiently connected together. State v. Anthony, 257 Kan. 1003, 1016, 898 P.2d 1109 (1995). 16. Effect of consolidating complaints and meaning of prior convictions for sentencing guideline criminal history purposes examined. State v. Taylor, 262 Kan. 471, 478, 939 P.2d 904 (1997). 17. Proper time for defense counsel to request consolidation of complaints is during preparation for trial, not after plea agreement has been accepted. State v. Parker, 34 Kan. App. 2d 346, 118 P.3d 708 (2005). 18. The district court erred in granting the state's motion to consolidate the defendant's two cases under the facts of the case. State v. Hurd, 298 Kan. 555, 316 P.3d 696 (2013). 19. District court did not abuse its discretion in allowing consolidation of charges where a battery precipitated the factual setting that led to participation in a shooting. State v. Carter, 311 Kan. 783, 797, 466 P.3d 1180 (2020). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026