State v. Benson, 325 P.3d 855

Benson was charged with eight counts of aggravated robbery with a weapon, plus obstructing justice and failing to respond to an officer’s signal; the taqueria robbery was the first event, with a blue Nissan stolen then used as a getaway car in subsequent robberies.
Police later spotted the blue Nissan; Benson was arrested after fleeing from an officer and barricading himself in a hotel room; Benson admitted to stealing the Nissan during the taqueria robbery.
Benson moved to sever the taqueria counts from the other robberies; the trial court denied the motion.
The taqueria robbery and the other robberies occurred in a single 24-hour spree, all using a blue Nissan; witnesses, recovered items, and a gun tied Benson to the crimes.
At trial, the jury convicted on two taqueria counts and one count each for the gas station and Burger King robberies, and sentenced accordingly; Benson was acquitted of one taqueria count and all counts related to the local restaurant robbery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the denial of severance an abuse of discretion?	Benson argues joinder prejudices him.	Benson claims taqueria counts not connected to others.	No abuse; joinder proper as connected in commission.
Were the taqueria counts sufficiently connected in their commission with the other robberies?	Taqueria counts not connected to later robberies.	All eight robberies part of one spree with common plan.	Yes, they were connected in their commission.
Did joinder prejudice Benson requiring severance?	Prejudice from multiple charges requires severance.	Prejudice not demonstrated; evidence admissible and jury could evaluate separately.	No reversible prejudice from joinder.
Was Instruction 49 (presumption from possession of stolen property) harmless error?	Instruction unconstitutional shifting burden.	Defense invited error; error harmless.	Harmless beyond a reasonable doubt.

State v. Pierre, 572 P.2d 1338 (Utah 1977) (acknowledges discretionary nature of severance decisions)
State v. Collins, 612 P.2d 775 (Utah 1980) (limits on severance discretion; fair-trial standard)
State v. Balfour, 198 P.3d 471 (Utah Ct. App. 2008) (joinder and prejudice considerations in multiple counts)
State v. Hildreth, 238 P.3d 444 (Utah Ct. App. 2010) (analysis of prejudice and admissibility under Rule 404(b))
State v. Gotfrey, 598 P.2d 1825 (Utah 1979) (limitations of similar charges on common scheme analysis)