State v. Enriquez

FERGUSON, Judge.

The State appeals from an order granting the defendant a new trial. The defendant cross appeals from an order denying his motion for judgment of acquittal.

Defendant Enriquez and codefendant David Cabreniza were charged with first-degree murder, armed burglary, and armed robbery. When arrested the codefendant made an inculpatory statement admitting that both men had committed the burglary and robbery but claiming that the defendant alone had killed the victim. The defendant filed a pretrial motion to sever his trial, claiming that the codefendant’s statements would not be…