Smith v. State

Jimmy Ray Smith was charged in a single indictment with two counts of robbery in the first degree, in violation of Ala. Code 1975, § 13A-8-41. A jury convicted him on each count of robbery in the third degree. Restitution was ordered and Smith was sentenced to ten years' imprisonment in each case (concurrent). This sentence was split and the defendant was ordered to serve two years' imprisonment. On this appeal from those convictions, Smith raises two issues.

I

Smith contends that his motion to sever the two robberies should have been granted. The robberies occurred on February 8 and 17, 1988,…