Harvey v. State

OPINION

MATTINGLY, Judge

Derrick Harvey appeals his convictions after a trial by jury of robbery 1 and criminal confinement, 2 both Class B felonies. He presents two issues on appeal which we restate as:

1. Whether the trial court improperly denied Harvey’s motion to sever the charges against him; and

2. Whether Harvey’s convictions of confinement and robbery improperly resulted in conviction of both a greater and lesser included offense in violation of Ind.Code § 35-38-1-6.

We affirm in part and vacate the conviction of confinement.

FACTS AND PROCEDURAL HISTORY

This case stems from two robberies…