State v. Ives

OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

Defendant Ives was charged with four counts of child molestation. The four counts alleged defendant “directly or indirectly touch[ed] the private parts” of each of three victims. Defendant moved to sever, contending that because the counts were joined pursuant to Rule 13.3(a)(1), Ariz. R.Crim. P. (allowing joinder of similar offenses), he was entitled to severance as a matter of right under Rule 13.4, Ariz. R.Crim. P. The trial judge denied the motion, holding the counts were properly joined pursuant to Rule 13.3(a)(3) (allowing joinder of…