Legal Question in Criminal Law in California

There is nothing inherently unfair about trying two different counts together. They may even be related in ways that aren't apparent to you. This doesn't necessarily mean your brother's trial was fair. It just means that this one particular fact isn't enough to prove that it wasn't.

If your brother wants to bring post-trial motions and/or file an appeal, there are strict time limits he will have to meet. I can't tell from your question whether it is already too late to act.

You -- or, better yet, your brother -- may want to discuss the case in detail with an experienced appellate lawyer. I have over twenty years of relevant experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization. You and your brother are welcome to contact me directly if you want to discuss the case in more detail.