State v. Robinson

CRIST, Judge.

Defendant was charged with one count of first degree murder and one count of assault with intent to kill with malice. The counts were tried together after defendant’s motion to sever was denied.

The jury convicted defendant only of assault with intent to kill with malice. The jury was unable to reach a verdict as to the murder charge. The court sentenced defendant to seventy-five years on the assault conviction. Defendant appeals. We affirm.

Defendant complains of improper joinder of the two counts under Rule 24.04. We reiterate the fact that he was only convicted on one count —…