State v. Cook

ARNOLD, Judge.

Both defendants assign error to the court’s ruling allowing joinder of the cases for trial. Defendant Cook questions the propriety of granting the prosecutor’s motion for consolidation, while defendant Whitaker questions the denial of his timely motion to sever. Both contentions are incorrect.

N.C.G.S. 15A-926(b)(2)a authorizes consolidation of joinder of defendants for trial on the written motion of the prosecutor when “each of the defendants is charged with accountability for each offense.” The State’s case, based on the theory that defendants were “acting in concert,” charged…