State v. Rickerson

Louisiana Court of Appeal

State v. Rickerson

548 So. 2d 86, 1989 La. App. LEXIS 1467, 1989 WL 83661

CourtLouisiana Court of Appeal

DecidedJuly 28, 1989

DocketNo. K89-517

StatusPublished

This text of 548 So. 2d 86 (State v. Rickerson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Rickerson, 548 So. 2d 86, 1989 La. App. LEXIS 1467, 1989 WL 83661 (La. Ct. App. 1989).

Pincite

Opinion

ORDER

WRIT GRANTED AND MADE PEREMPTORY:

Relator was charged by separate affidavits with committing second offense DWI and improper lane usage. Consequently, he was exposed to a maximum sentence of greater than six months. La. R.S. 14:98(C); La.R.S. 32:57; 32:79. Under our law, relator was entitled to a jury trial. La. Const. Art. 1, § 17; La.C.Cr.P. art. 779.

The state moved to sever the charges at the commencement of trial. Before the trial court grants a motion to sever, the mover must show prejudice will result from trying the charges together. La.C.Cr.P. art. 495.1; State v. Jones, 396 So.2d 1272 (La.1981); State v. Tucker, 482 So.2d 19 (La.App. 1 Cir.1985).

The prosecution’s only stated reason for requesting a severance was to eliminate relator’s right to a jury. We find this an unacceptable ground for granting the state’s motion. Accord: State v. Wallace, 539 So.2d 123 (La.App. 2 Cir.1989). Therefore, the trial court erred in granting a severance where the state failed to show any legitimate prosecutorial end which would be served by trying the charges separately.

This conviction is reversed and the matter remanded to the trial court for further proceedings consistent with this order.

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