Roshawn T. STEPHENS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
*435 Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Roshawn Stephens was charged by information on four counts. He moved to sever counts two and three from counts one and four. Because the trial court improperly denied Stephens's motion, we reverse and remand.
Stephens was charged in count two with grand theft auto, and in count three with burglary of a structure or conveyаnce. The charges in counts two and three resulted from the theft of a Dodge Durango on or about October 19, 2001 from the home of Brian Jennings in Boyntоn Beach. In another incident, unrelated to counts two and three, Stephens was charged in count one with burglary with assault or *436 battery and in count four with petit theft. Counts one and four resulted from the theft of the purse of Susan Watson, a seventy-seven-year-old woman, and the ensuing assault on her рerson.
The theft and assault occurred at a gas station, around noon on October 19, 2001 in North Palm Beach. Watson was pumping gas and had left the driver's side door of her car open. She had also left her purse in the car. As Watson pumped her gas, she looked up and saw a young mаn standing in front of her open car door. She recognized this young man as the driver of an SUV who had pulled up on the opposite side of the рump. At trial, Watson testified that she now knows that the SUV was a Dodge Durango. The man reached into the car and grabbed Watson's purse. As he did this, Watson grаbbed the young man and held onto his shirt. As Watson would not let go, the young man dragged her to the driver side door of the Durango. The man was trying to get into the driver's sеat and eventually shoved Watson to the ground. Watson hit the concrete face-first. She lost consciousness briefly and did not know where the man оr the Durango went after that.
At trial, Stephens moved to sever the Durango case from the Watson case. The trial court ruled that the two cases would be tried separately, but the State would be permitted to introduce evidence of the Durango theft in the Watson case. Stephеns responded that he did not "want this kind of severance" as it would not be meaningful. We agree with Stephens, rejecting the State's argument that becаuse the severance was not denied this issue has not been preserved for review.
The purpose of separate trials is "`to assure that evidence adduced on one charge will not be misused to dispel doubts on the other.'" State v. Williams,
In this case, severing the two cases but admitting the evidence defeats the purpose of severing cases, which is to exclude evidence of the other crimes. As the concern in joining offensеs is the effect of the evidence of the other charge and not just the charge, the trial court's ruling, allowing evidence of the other two сounts to be used, effectively denied Stephens's motion to sever. Thus, this issue was preserved.
The standard of review for the denial of a motion for severance is abuse of discretion. Bateson v. State,
"For `crime spree' offenses to be tried together, they generally require both temporal and geographical proximity, as well as a similarity between the offenses." Hutchinson v. State,
In the Durango case, counts two and three, Stephens is charged with stealing an SUV. In the Watson case, counts one and four, he is charged with assaulting a woman *437 and stealing her purse. While both instances involve theft, there is not enough similarity in the nature and manner to link the two crimes together as a crime spree. Other cases where courts have identifiеd crime sprees in the context of considering motions for severance have dealt with crimes that had a much higher degree of similarity than thе crimes in this case. See Rolling v. State,
The second situation justifying joinder, situations where there is a causal link between two offenses, also does not apply to thе facts in this case. Cases where there is a causal link between two offenses are those in which "[o]ne crime was used to induce the othеr." Ellis,
In Crossley v. State,
We find the State's argument that any error in this case was harmless to be unpersuasive. Thus, we find the trial court reversibly erred when it denied Stеphens's motion for severance. Therefore, we reverse and remand for proceedings consistent with this opinion.
REVERSED and REMANDED.
FARMER, C.J., GUNTHER, J., KRATHEN, DAVID H., Associate Judge, concur.
