Gagliardi v. State

The appellant, Michael Lewis Gagliardi, was convicted of one count of robbery in the first degree, a violation of §13A-8-41, Code of Alabama 1975, and was sentenced to life in the state penitentiary without the possibility of parole. Although the appellant raises five issues on appeal, all his issues are related to the single issue of whether the trial court erred in consolidating for trial two counts of robbery in the first degree.

The evidence, in the form of the testimony of two witnesses, Debbie Thrasher and Earl Merritt, tended to show that on February 16, 1994, at approximately 5:00…