State v. Roper

OPINION

CONTRERAS, Judge.

Appellant was charged by indictment in CR-124604 with three counts of armed robbery, class two felonies. The incidents charged in the indictment occurred during the month of January, 1982. Timely defense motions to sever the counts were made prior to trial and at the close of the evidence. The motions were denied and the case was submitted to the jury. The jury found appellant not guilty on Counts I and II, but returned a verdict of guilty on Count III. We find that the trial court abused its discretion by not severing Count III from the other two counts of the…