Brumelow v. State

Johnson, Chief Judge.

Jason Brumelow, Brannon Baxter, Donald Smith and Michael Landers were indicted for various crimes arising out of a home invasion armed robbery. Landers pled guilty to the charges. Brumelow, Baxter and Smith pled not guilty and were tried before a jury. At trial, Brumelow and Baxter were represented by the same attorney while Smith had separate counsel.

After the state closed its evidence, the court directed a verdict of acquittal to Smith on all the charges, and to Brumelow and Baxter on some of the charges. The remaining charges were submitted to the jury, which found…