BROWN, Justice.
Appellant Michael Lynn Bishop was charged by an information with two counts of burglary in violation of § 6-7-201(a)(i), W.S.1977. Count I alleged that appellant committed a burglary on December 22, 1980, and Count II alleged that appellant committed another burglary on February 25, 1982. Appellant pled not guilty to both counts.
Appellant filed a motion to sever the two counts for the purposes of trial contending prejudice and because the two charges were remote in time. The trial court denied the motion to sever. Appellant also filed a motion in limine asking the court to preclude the state from introducing evidence of prior bad acts which included evidence of theft, receiving stolen property and burglary. This motion was also denied. Appellant was found guilty of both counts and sentenced to the penitentiary.
[244]*244The court further required that appellant pay restitution on both counts. Appellant claims that the trial court erred in admitting evidence of prior acts of misconduct, in denying the motion to sever, and in imposing restitution as a post-incarceration condition.
We will affirm in part and reverse in part.
Appellant first argues that the trial court erred in admitting evidence of prior acts of misconduct and of unrelated, unsolved burglaries. On appeal deference is given to a trial court’s determination concerning the admissibility of evidence. As long as there is a legitimate basis for a court’s decision we cannot say that there was an abuse of discretion. Ortega v. State, Wyo., 669 P.2d 935 (1983). To resolve this issue we will examine the evidence admitted at trial and Rule 404(b), Wyoming Rules of Evidence.
Appellant objects to the evidence and testimony admitted under Rule 404(b) because it tends to involve and incriminate him in other unrelated incidents. The evidence objected to relates to three burglaries in Laramie, Wyoming, with which appellant was not charged. The sequence of events involving the Laramie burglaries is: December 22, 1980 — Burgess residence burglarized (Count I); March 20, 1981— Boswell residence burglarized; September 30, 1981 — Bentley and McCue residences burglarized; and February 25, 1982— McNiff residence burglarized (Count II).
The Burgess home was broken into sometime between 1:00 p.m. and 6:30 p.m. on December 22, 1980. The back door to the house had been forcibly opened and left ajar. The house looked in order but the Burgesses discovered that silverware, jewel boxes, pistols, coins and wristwatches were missing. One of the pistols had a serial number which matched the serial number on a pistol recovered from the Federal Pawn Shop in Denver on May 25, 1982.
The individual who made the pawn was Michael L. Bishop.
The Boswell home was broken into between 8:00 a.m. and 3:30 p.m. on March 20, 1981. Entry was made through the ground-floor bedroom window at the back of the house. There were no fingerprints and nothing was disturbed in the house, but the sterling silver, some jewelry, and two sterling silver candlesticks were missing. At trial Mrs. Boswell identified the candlesticks as those taken from her home as well as she could without benefit of initials or a serial number. They were recovered on August 10, 1982, from a family in Cheyenne who had received them from Michael L. Bishop, a “personal friend.”
The Bentley burglary occurred between 2:00 p.m. and 3:00 p.m. on September 30, 1981. Entry was gained by forcing open the back door of the house. Very little was disturbed inside the house, but much of the Bentleys’ jewelry and silverware had been taken.
The time of day the McCue burglary occurred on September 30, 1981, is unknown. The burglar entered through a sliding glass window at the back of the house. Again, little was disturbed but the McCues discovered almost all of their jewelry and a camera were missing. The silver was hidden in the kitchen.
The evidence which tends to tie appellant to the Bentley and McCue burglaries is the manner in which the burglaries were conducted, and the fact motel clerks had receipts that stated Michael L. Bishop stayed in Laramie September 29, 1981, and checked out September 30, 1981.
The next event, November 1, 1981, which tended to incriminate appellant is an automobile accident after which certain items were found in appellant’s vehicle. The investigation of the accident revealed weapons, pistols, several items of jewelry, silverware, surgical rubber gloves, and a screwdriver.1
[245]*245The fifth and final burglary occurred on or about February 25, 1982. This burglary is Count II of the information. The burglar entered through the back of the house at an unknown time of day by forcing open a back door. No fingerprints were found; however, a footprint was found and a plaster cast was made of the footprint. Items taken included a music box, a western pistol, two wristwatches, and meerschaum pipes. (All the McNiffs’ silverware and jewelry were in their safe deposit box at the bank.)
On or about March 1, 1982, a music box similar in description to that taken from the McNiff residence was presented by Bishop to a New Mexico antique dealer. It was learned that Bishop had previously sold the antique dealer some sterling silver with a red stone in each handle, which was later determined to be stolen.
It was again learned that Bishop had registered at a Laramie motel on February 24, 1982, and checked out on February 25, 1982. This coincides with the McNiff burglary, and placed appellant in Laramie at the time of the burglary.
Bishop was being interviewed by the Laramie police on September 2, 1982, when Detective O’Malley noticed his boots. It was noted that he was wearing a pair of Dingo boots that had the same type of sole and were the same size as the plaster cast which the police had taken from the McNiff residence.
For evidence to be admissible at trial under Rule 404, W.R.E., it must also be relevant under Rule 402, W.R.E. Relevant evidence is defined in Rule 401, W.R.E., as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Once it is determined that the evidence is relevant, it must then be determined if the probative value is substantially outweighed by the danger of unfair prejudice, confusion, or waste of time as defined in Rule 403, W.R.E. If there is evidence of other crimes, wrongs, or acts, then it may only be admissible under Rule 404(b), W.R.E., and cannot be used to show the character of the accused or that the accused has a propensity to commit crimes such as those with which he is charged. Rule 404, W.R.E.
“Other crimes, wrongs, or acts. — Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Rule 404(b), W.R.E.
Wyoming follows the general rule that evidence of other crimes, wrongs, or acts is normally not admissible in the trial of a criminal case. Elliott v. State, Wyo., 600 P.2d 1044 (1979). The general rule is codified in the first sentence of Rule 404(b).
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BROWN, Justice.
Appellant Michael Lynn Bishop was charged by an information with two counts of burglary in violation of § 6-7-201(a)(i), W.S.1977. Count I alleged that appellant committed a burglary on December 22, 1980, and Count II alleged that appellant committed another burglary on February 25, 1982. Appellant pled not guilty to both counts.
Appellant filed a motion to sever the two counts for the purposes of trial contending prejudice and because the two charges were remote in time. The trial court denied the motion to sever. Appellant also filed a motion in limine asking the court to preclude the state from introducing evidence of prior bad acts which included evidence of theft, receiving stolen property and burglary. This motion was also denied. Appellant was found guilty of both counts and sentenced to the penitentiary.
[244]*244The court further required that appellant pay restitution on both counts. Appellant claims that the trial court erred in admitting evidence of prior acts of misconduct, in denying the motion to sever, and in imposing restitution as a post-incarceration condition.
We will affirm in part and reverse in part.
Appellant first argues that the trial court erred in admitting evidence of prior acts of misconduct and of unrelated, unsolved burglaries. On appeal deference is given to a trial court’s determination concerning the admissibility of evidence. As long as there is a legitimate basis for a court’s decision we cannot say that there was an abuse of discretion. Ortega v. State, Wyo., 669 P.2d 935 (1983). To resolve this issue we will examine the evidence admitted at trial and Rule 404(b), Wyoming Rules of Evidence.
Appellant objects to the evidence and testimony admitted under Rule 404(b) because it tends to involve and incriminate him in other unrelated incidents. The evidence objected to relates to three burglaries in Laramie, Wyoming, with which appellant was not charged. The sequence of events involving the Laramie burglaries is: December 22, 1980 — Burgess residence burglarized (Count I); March 20, 1981— Boswell residence burglarized; September 30, 1981 — Bentley and McCue residences burglarized; and February 25, 1982— McNiff residence burglarized (Count II).
The Burgess home was broken into sometime between 1:00 p.m. and 6:30 p.m. on December 22, 1980. The back door to the house had been forcibly opened and left ajar. The house looked in order but the Burgesses discovered that silverware, jewel boxes, pistols, coins and wristwatches were missing. One of the pistols had a serial number which matched the serial number on a pistol recovered from the Federal Pawn Shop in Denver on May 25, 1982.
The individual who made the pawn was Michael L. Bishop.
The Boswell home was broken into between 8:00 a.m. and 3:30 p.m. on March 20, 1981. Entry was made through the ground-floor bedroom window at the back of the house. There were no fingerprints and nothing was disturbed in the house, but the sterling silver, some jewelry, and two sterling silver candlesticks were missing. At trial Mrs. Boswell identified the candlesticks as those taken from her home as well as she could without benefit of initials or a serial number. They were recovered on August 10, 1982, from a family in Cheyenne who had received them from Michael L. Bishop, a “personal friend.”
The Bentley burglary occurred between 2:00 p.m. and 3:00 p.m. on September 30, 1981. Entry was gained by forcing open the back door of the house. Very little was disturbed inside the house, but much of the Bentleys’ jewelry and silverware had been taken.
The time of day the McCue burglary occurred on September 30, 1981, is unknown. The burglar entered through a sliding glass window at the back of the house. Again, little was disturbed but the McCues discovered almost all of their jewelry and a camera were missing. The silver was hidden in the kitchen.
The evidence which tends to tie appellant to the Bentley and McCue burglaries is the manner in which the burglaries were conducted, and the fact motel clerks had receipts that stated Michael L. Bishop stayed in Laramie September 29, 1981, and checked out September 30, 1981.
The next event, November 1, 1981, which tended to incriminate appellant is an automobile accident after which certain items were found in appellant’s vehicle. The investigation of the accident revealed weapons, pistols, several items of jewelry, silverware, surgical rubber gloves, and a screwdriver.1
[245]*245The fifth and final burglary occurred on or about February 25, 1982. This burglary is Count II of the information. The burglar entered through the back of the house at an unknown time of day by forcing open a back door. No fingerprints were found; however, a footprint was found and a plaster cast was made of the footprint. Items taken included a music box, a western pistol, two wristwatches, and meerschaum pipes. (All the McNiffs’ silverware and jewelry were in their safe deposit box at the bank.)
On or about March 1, 1982, a music box similar in description to that taken from the McNiff residence was presented by Bishop to a New Mexico antique dealer. It was learned that Bishop had previously sold the antique dealer some sterling silver with a red stone in each handle, which was later determined to be stolen.
It was again learned that Bishop had registered at a Laramie motel on February 24, 1982, and checked out on February 25, 1982. This coincides with the McNiff burglary, and placed appellant in Laramie at the time of the burglary.
Bishop was being interviewed by the Laramie police on September 2, 1982, when Detective O’Malley noticed his boots. It was noted that he was wearing a pair of Dingo boots that had the same type of sole and were the same size as the plaster cast which the police had taken from the McNiff residence.
For evidence to be admissible at trial under Rule 404, W.R.E., it must also be relevant under Rule 402, W.R.E. Relevant evidence is defined in Rule 401, W.R.E., as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Once it is determined that the evidence is relevant, it must then be determined if the probative value is substantially outweighed by the danger of unfair prejudice, confusion, or waste of time as defined in Rule 403, W.R.E. If there is evidence of other crimes, wrongs, or acts, then it may only be admissible under Rule 404(b), W.R.E., and cannot be used to show the character of the accused or that the accused has a propensity to commit crimes such as those with which he is charged. Rule 404, W.R.E.
“Other crimes, wrongs, or acts. — Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Rule 404(b), W.R.E.
Wyoming follows the general rule that evidence of other crimes, wrongs, or acts is normally not admissible in the trial of a criminal case. Elliott v. State, Wyo., 600 P.2d 1044 (1979). The general rule is codified in the first sentence of Rule 404(b). In applying the second sentence of the rule, however, we have adopted a rather liberal attitude toward admitting evidence of other crimes, wrongs, or acts. See Ortega v. State, supra; Evans v. State, Wyo., 655 P.2d 1214 (1982); Hopkinson v. State, Wyo., 632 P.2d 79 (1981), cert. denied 455 U.S. 922, 102 S.Ct. 1280, 71 L.Ed.2d 463 (1982); Hatheway v. State, Wyo., 623 P.2d 741 (1981); Grabill v. State, Wyo., 621 P.2d 802 (1980); Elliott v. State, supra. Such evidence is admissible if it is substantially relevant for other purposes, and its probative value outweighs its prejudicial effect. Grabill v. State, supra; and Elliott v. State, supra. See also 22 Wright and Graham, Federal Practice and Procedure: Evidence § 5239 (1978).
From our detailed review of the record we believe that the Bentley and McCue burglaries do not tend to make appellant’s guilt in the charged burglaries more probable. Evidence of other crimes may be used to show that the modus oper-andi of the other crimes matches the crime charged. This helps prove the defendant’s guilt when the perpetrator of the other crimes is known, and therefore helps prove the defendant’s guilt when he is the perpe[246]*246trator of the other crimes, and the other crimes are
“* * * unique or unusual, and similar in nature to the crime charged, or (whether unusual or not) very close in detailed resemblance to the crime charged (distinctively similar), then such crimes may be proven and the trier allowed to infer that the accused is probably the culprit, since the crime charged bears the mark of his handiwork. * * *” 2 Louisell and Mueller, Rule 404, § 140, p. 142 (1978).
But, “p]n no event will evidence of other criminal acts be admissible unless a relationship between such acts and the defendant is established.” 1 Wharton’s Criminal Evidence, § 240, p. 532 (1972). The manner in which the Bentley and McCue burglaries were committed, while being similar, were not so unique as to warrant admission into evidence to prove the identity of the accused, the ultimate issue in this case. The fact that appellant was in Laramie at the time of these burglaries does not, without other evidence, prove that appellant committed the acts charged.
Appellee claims that the evidence of the Bentley and McCue burglaries was not admitted to show the identity of the perpetrator of the crime but to show a plan, scheme or course of criminal conduct executed by appellant during the pertinent time period, December, 1980, through February, 1982. To allow evidence of other crimes to show a plan, scheme or course of criminal conduct, it must also be shown that there is a relationship between the crimes and the defendant. 1 Wharton’s Criminal Evidence, supra. However, the relationship need not be as strong for evidence to be admissible to show plan, scheme or course of criminal conduct as it needs to be to show modus operandi or identity. United States v. Myers, 550 F.2d 1036 (5th Cir.1977). There are several factors to be determined if evidence of other crimes is admissible:
“(1) The proof of the other similar crimes must be plain, clear, and convincing.
“(2) The other crimes must not be too remote in time from the charged offense. “(3) The evidence of the other crimes must be introduced for a purpose sanctioned by Rule 404(b) of the Federal Rules of Evidence.
“(4) The element of the charged offense that the evidence of other crimes is introduced to prove must be a material issue in the case.
“(5) There must be a substantial need for the probative value of the evidence of the other crimes.” United States v. Myers, supra, at 1044-1045. See also Louisell & Mueller, Rule 404, § 140 (1978).
While the proof of the Bentley and McCue burglaries was plain, clear and convincing, there was too little circumstantial evidence to connect appellant to these two uncharged burglaries. The defect in the proofs is the identity of the perpetrator. It is clear that as a predicate to the introduction of extrinsic acts the prosecution must establish that the defendant committed them. United States v. Chilcote, 724 F.2d 1498 (11th Cir.1984); and United States v. Guerrero, 650 F.2d 728 (5th Cir.1981). Proof of identity is not required beyond a reasonable doubt, but a prima facie case is necessary in order to make extrinsic acts admissible. United States v. Chilcote, supra; United States v. Edwards, 696 F.2d 1277, 1280 (11th Cir.1983), cert. denied — U.S.-, 103 S.Ct. 1884, 76 L.Ed.2d 813 (1983); United States v. Dothard, 666 F.2d 498 (11th Cir.1982).
Even though the evidence of the Bentley and McCue burglaries was improperly admitted it was harmless error. The admission of such evidence does not mandate reversal of a conviction in all instances. As the court said in United States v. Corey, 566 F.2d 429, 432 (2nd Cir.1977):
“* * * a nonconstitutional error, as in the case of erroneous admission of similar act evidence, is harmless if it is ‘highly probable’ that the error did not contribute to the verdict. [Citation.] Where there is overwhelming evidence of guilt, as there was here, erroneous evidentiary [247]*247rulings on such collateral matters are often harmless. [Citations.]”
Other federal courts have also held that the improper admission of similar acts evidence under Rule 404, Federal Rules of Evidence, can be treated as harmless error. United States v. Chilcote, supra; United States v. Cross, 638 F.2d 1375 (5th Cir.1981); United States v. Bettencourt, 614 F.2d 214 (9th Cir.1980); and United States v. Bosch, 584 F.2d 1113 (1st Cir.1978).
For an error to be regarded as harmful, there must be a reasonable possibility that in the absence of the error, the verdict might have been more favorable to the defendant. Hoskins v. State, Wyo., 552 P.2d 342 (1976), cert. denied 430 U.S. 956, 97 S.Ct. 1602, 51 L.Ed.2d 806 (1977). Because of the other evidence introduced against Bishop, we hold that there is not a reasonable possibility that the verdict would have been different. In its totality the other evidence introduced was overwhelming in the context of this case. This conclusion is further bolstered by the fact that the trial court gave an excellent instruction limiting the jury’s use of the other crimes, acts or wrongs as evidence. In our view this mitigates potential prejudice caused by the evidence.
We hold also that it was not an abuse of discretion to admit into evidence the Boswell burglary and evidence concerning the contents of appellant’s vehicle when it was involved in an accident investigated by the police.
The second issue we address is whether the trial court erred in denying appellant’s motion for severance of the two counts. Rule 12, Wyoming Rules of Criminal Procedure, states:
“The court may order two (2) or more indictments or informations or both to be tried together if the offenses, and the defendants, if there is more than one (1), 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.”
The burglary charges here were joined in the same information pursuant to Rule 11, W.R.Cr.P., and the motion to sever was brought pursuant to Rule 13, W.R.Cr.P. Hopkinson v. State, supra; and Tabor v. State, Wyo., 616 P.2d 1282 (1980). The evidence would have been the same had the charges been tried separately; therefore, there was no prejudice in trying them jointly.
The general rule in regard to joinder of offenses is that joinder is proper, absent compelling reasons for severance. Linn v. State, Wyo., 505 P.2d 1270 (1973), cert. denied 411 U.S. 983, 93 S.Ct. 2277, 36 L.Ed.2d 405, reh. denied 412 U.S. 944, 93 S.Ct. 2780, 37 L.Ed.2d 405.
“* * * Joint trials serve the public interest by expediting the administration of justice, reducing docket congestion, conserving judicial time as well as that of jurors along with avoiding the recall of witnesses to duplicate their performances.” Jasch v. State, Wyo., 563 P.2d 1327, 1335 (1972).
Granting or denying a motion for severance rests within the discretion of the trial court. Jasch v. State, supra; and Dobbins v. State, Wyo., 483 P.2d 255 (1971). We can see no reason to overrule the trial court’s determination in this regard.
The third and final issue we address is whether the trial court erred in imposing restitution as a post-incarceration condition. We hold that this was error because there is no statute authorizing restitution when the defendant is sentenced to incarceration.
Section 7-13-308, W.S.1977, Cum.Supp. 1983, is the only statute which provides for a plan of restitution, and it applies only when the sentencing court orders a suspended imposition of sentence, a suspended sentence or probation. The statute does not allow for restitution as a post-incarceration condition.
The legislature is the body empowered to determine what crimes are punishable and prescribe punishment for those acts. The sentencing court has no power [248]*248to order post-incarceration restitution absent some statutory authority. Barnes v. State, Wyo., 670 P.2d 302 (1983).
As we reasoned in Barnes, the sentence may have been treated differently if the trial court had been persuaded that it could not impose restitution when the defendant was sentenced to incarceration. Therefore, we affirm the conviction, but reverse the sentence because it is not a lawful sentence. We remand for resentencing of the appellant in accordance with the law stated in this opinion.