Section 1098 Of Chapter 2. The Trial From California Penal Code >> Title 7. >> Part 2. >> Chapter 2.
1098
. When two or more defendants are jointly charged with any
public offense, whether felony or misdemeanor, they must be tried
jointly, unless the court order separate trials. In ordering separate
trials, the court in its discretion may order a separate trial as to
one or more defendants, and a joint trial as to the others, or may
order any number of the defendants to be tried at one trial, and any
number of the others at different trials, or may order a separate
trial for each defendant; provided, that where two or more persons
can be jointly tried, the fact that separate accusatory pleadings
were filed shall not prevent their joint trial.