State v. Ruffin

SMITH, Judge.

Defendant assigns error to the trial court’s granting of the State’s motion for joinder and denial of his motion to sever his trial from that of co-defendant Irvin Barnes. Defendant contends that the joint trial deprived him of favorable testimony from his codefendant and further compelled him to accept the theory of defense advanced by the codefendant thereby denying defendant his constitutional right to a fair trial. We disagree.

G.S. 15A-926(b) provides in part:(2) Upon written motion of the prosecutor, charges against two or more defendants may be joined for trial:

a. When each…