Here, the trial court did not abuse its discretion in denying Collins' motion for a mistrial based on a question posed to his co-defendant, which Collins has failed to show prejudiced him in any way. See Sheats v. State, 231 Ga. 362, 363–364(3), 201 S.E.2d 420 (1973) (no error in refusing to grant mistrial where prosecutor referred to co-indictees' right not to testify, but made no reference to appellant); Mayfield v. State, 220 Ga.App. 19, 20(2), 467 S.E.2d 352 (1996) (no prejudice where appellant failed to show that evidence admitted against co-defendant was considered against him). 4.
Sharpe v. State, 272 Ga. 684, 686(2) ( 531 S.E.2d 84) (2000); accord Owen v. State, 266 Ga. 312, 314(2) ( 467 S.E.2d 325) (1996). See Moore v. State, 224 Ga. App. 797, 798(2) ( 481 S.E.2d 892) (1997); accord Mayfield v. State, 220 Ga. App. 19, 20(2) ( 467 S.E.2d 352) (1996). (Citation and punctuation omitted.)
Here, the defendants were not so numerous that the jury confused the facts and law applicable to each. See Mayfield v. State, 220 Ga. App. 19, 20 (2) ( 467 S.E.2d 352) (1996). It is clear the jury was able to sort out the law and evidence, as it convicted Moore of armed robbery only but convicted his co-defendants of armed robbery and felony murder.
When two or more defendants are jointly indicted for a non-capital felony, the denial of a motion to sever is within the trial court's discretion, and it will not be reversed absent an abuse of discretion. OCGA § 17-8-4; Mayfield v. State, 220 Ga. App. 19, 20 (2) ( 467 S.E.2d 352) (1996). In its charge to the jury, the trial court twice instructed the jury to consider each count and each defendant separately.