State v. Tate

Shaw, Judge:

Appellant Larry Eugene Tate was originally charged in two separate indictments with one count of forgery; however, before trial one of the indictments was amended to include both counts. Before the state presented its evidence, Tate moved to sever the two counts; again after presenting his own evidence, Tate moved for a mistrial based on mis-joinder of the counts. The circuit court denied these motions. We reverse and remand for separate trials.

The dispositive issue in this appeal is whether trying a defendant at once for two identical but unrelated felonies violates his right to…