341 S.E.2d 711 | Ga. Ct. App. | 1986
A two-count indictment named appellant as a participant in two Clayton County armed robberies. Following the denial of his motion to sever the two offenses, a jury convicted appellant of both armed robberies. Citing Dingier v. State, 233 Ga. 462 (211 SE2d 752) (1975), appellant now appeals, enumerating as error the denial of his severance motion.
Under the ABA Standards, adopted by the Supreme Court in Dingier, supra at 463, “[t]wo or more offenses may be joined in one charge, with each offense stated in a separate count, when the offenses . . . are of the same or similar character, even if not part of a single scheme or plan . . . [However], [w]henever two or more offenses have been joined for trial solely on the ground that they are of the same or similar character, the defendant shall have a right to a severance of the offenses.” “[W]here the offenses are so similar that they show a common scheme or plan or have an identical modus operandi, severance is discretionary with the trial court.” Mack v. State, 163 Ga. App. 778 (1) (296 SE2d 115) (1982).
In the case at bar, appellant was accused of two armed robberies
Judgment affirmed.