Floyd v. State

Deen, Presiding Judge.

Rick Lee Floyd was convicted of three counts of burglary, one count of entering an automobile with intent to commit a theft, and one count of theft by taking. On appeal, he contends that the trial court should have granted his motion to sever the offenses and that the theft by taking count was a lesser included offense of the burglary count.

1. After the prosecutor explained that the evidence would show that property stolen from a series of different locations was found in Floyd’s apartment at the time of his arrest, that it would be difficult to counsel the witnesses who…