Keener v. State

Beasley, Presiding Judge.

Counts 1 and 2 of a five-count indictment jointly charged Keener and Dills with attempt to commit armed robbery (OCGA § 16-8-40) and unlawful possession of firearms, a sawed-off shotgun (OCGA § 16-11-123). This is Keener’s appeal of his convictions.

Prior to trial, Keener moved for a severance. At the hearing on the motion, his attorney stated that if Keener and Dills were tried separately, Dills would testify that the shotgun was in his possession and that Keener was not aware of it. The court denied the motion.

At trial, employees of the Favorite Market in Eton…