State v. Robinson

LAVORATO, Justice.

In this discretionary review the State challenges a district court order severing the charge on two alleged deliveries of a controlled substance for separate trials. We find that the district court applied an incorrect legal standard in ruling on the defendant’s motion to sever. We reverse and remand so the court can consider the motion in light of the correct legal standard.

The minutes of testimony attached to the trial information reveal the following. An undercover informant wearing a body transmitter succeeded in buying 2.60 grams of crack cocaine from James Robins on…