Hubbard v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

The appellant, Verdis Dewayne Hubbard, was indicted in 1987 for burglary of a habitation and burglary of a motor vehicle, the indictment indicating the offenses occurred four days apart. After a jury was selected, sworn and impanelled for trial, appellant made an oral motion to compel the State to elect between the counts in the indictment based upon misjoinder of the offenses. The State argued it wished to proceed with the evidence and then make its election at the time the charge was given to the jury. There was general…