Kowalczk v. State

Banke, Presiding Judge.

At a single trial, the appellant was found guilty on two separate indictments charging him with shoplifting. He brings these appeals from the denial of his separate motions for new trial on each conviction. Held:

1. The appellant contends that the trial court erred in denying his motion to sever the two charges. Generally, “ ‘where the offenses are so similar that they show a common scheme or plan or have an identical modus operandi, severance is discretionary with the trial court.’ ” Williams v. State, 178 Ga. App. 581, 584 (344 SE2d 247) (1986). However, “ ‘[w]here two…