Hernandez v. State

PARKER, Judge.

David Hernandez appeals his judgment and sentences for trafficking in cocaine and conspiracy to traffic in cocaine. Hernandez alleges that the trial court erred in denying his repeated requests for severance following the admission of certain evidence of similar crimes against a codefend-ant in Hernandez’s trial. Because we agree that severance should have been granted, we limit our decision to that point. We vacate Hernandez’s convictions and remand for a new trial of the charges against him.

Hernandez was tried with his brother. When his brother testified, the state cross…