STATE of Florida, Petitioner,
v.
Willie WILLIAMS, Respondent.
Supreme Court of Florida.
Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender and Paula S. Saunders, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
PER CURIAM.
This cause is before us pursuant to a certified question of great public importance from the First District Court of Appeal. Williams v. State,
Respondent was charged, in nine separate informations, with burglary and theft occurring on eight different days,[1] involving nine different victims, and, in two additional informations, with thefts involving the same victim on the same day. The state's motion to consolidate was granted without explanation. The jury found respondent guilty as charged.
The district court reversed on the authority of Paul v. State,
[e]ven if consolidation is the "most practical and efficient method of processing" a case, practicality and efficiency should not outweigh a defendant's right to a fair trial. "The objective of fairly determining a defendant's innocence or guilt should have priority over the relevant considerations such as expense, efficiency, and convenience." Crum v. State,398 So.2d 810 , 811 (Fla. 1981)... . We emphasize that prejudice to the defendant will outweigh judicial economy.
State v. Vazquez,
Paul continues to reflect the law in Florida. We have not receded from Paul, or amended rule 3.151 since our decision in Paul. The district court correctly held that Paul was applicable and mandated reversal in the present case, where there was the improper consolidation of at least the seven indictments charging offenses allegedly committed on different days, not involving connected acts or transactions, but involving merely the same defendant and similar circumstances.
The decision of the district court is approved.
It is so ordered.
BOYD, C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
ADKINS and ALDERMAN, JJ., dissent.
NOTES
Notes
[1] Two of the nine informations charged offenses occurring on December 14, 1981.
[2] Rule 3.151, in relevant part, provides as follows:
(a) For purposes of these Rules, two or more offenses are related offenses if they are triable in the same court and are based on the same act or transaction or on two or more connected acts or transactions.
(b) Two or more indictments or informations charging related offenses shall be consolidated for trial on a timely motion by a defendant or by the state. The procedure thereafter shall be the same as if the prosecution were under a single indictment or information.
