Scarborough v. Superior Court

1 Appellant Michael Garland ("Garland") appeals the denial of his motion to sever the charges in the trial that resulted in his conviction for (1) the theft of property over $250, (2) dangerous kidnapping, (3) dangerous armed robbery, and (4) dangerous aggravated assault. We have jurisdiction over this appeal pursuant to Arizona Revised Statutes Annotated ("A.R.S.") sections 12-120.21(A)(1), 13-4031 and 13-4033(A). He received concurrent sentences of one and one-half years for the theft and thirteen and one-half years for each of the remaining convictions. Garland appeals the denial of severance of Count I from Counts II, III, and IV. Because we believe the counts were erroneously joined and because the error was harmful, we reverse the conviction and remand to the superior court for two separate proceedings.