Preston v. State

JAMES H. FAULKNER, Retired Justice.

In separate indictments, Michael James Preston was charged with the offenses of robbery in the second degree, a violation of § 13A-8-42, Code of Alabama 1975, and murder, a violation of § 13A-6-2. The state filed a motion to consolidate the cases for trial because the separate offenses, which involved the same victim, were connected in their commission or were part of a common scheme or plan. The motion was not ruled upon, and Preston did not consent to consolidation. The state elected to proceed to trial on the charge of robbery in the second degree. The…