Phillips v. State

The appellant appeals from his conviction for robbery, asserting that (1) there was an improper joinder of offenses and defendants; (2) the evidence presented by the appellee was insufficient to prove that the appellant intended to commit robbery; and (3) the trial court erred in giving a flight instruction. We conclude that the improper joinder issue was not preserved. While the evidence of the appellant’s intent was far from overwhelming, we conclude that it was sufficient for submission of the issue to the jury. The trial court erred, however, in giving a flight instruction. See Fenelon v.…