State v. Rickerson

ORDER

WRIT GRANTED AND MADE PEREMPTORY:

Relator was charged by separate affidavits with committing second offense DWI and improper lane usage. Consequently, he was exposed to a maximum sentence of greater than six months. La. R.S. 14:98(C); La.R.S. 32:57; 32:79. Under our law, relator was entitled to a jury trial. La. Const. Art. 1, § 17; La.C.Cr.P. art. 779.

The state moved to sever the charges at the commencement of trial. Before the trial court grants a motion to sever, the mover must show prejudice will result from trying the charges together. La.C.Cr.P. art. 495.1; State v. Jones, 396 So.2d…