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Name: People v. Marlow
Case #: S026614
Court: CA Supreme Court
District CalSup
Opinion Date: 08/19/2004

(Capital Case) In this automatic appeal, appellant contended that separate proceedings in Orange County and San Bernardino County on two murder charges violated section 954, the prohibition against being twice placed in jeopardy for the same offense, because the prosecution had proceeded on the theory that both murders had formed part of a single unified plan devised by appellant and the codefendant to obtain money to finance a trip to Arizona. The Court here found the error waived by the failure to object or move for joinder below. Even if it were addressed on the merits, the Court stated it would reject the argument. No authority compels murders committed in different counties to be tried together.