Opinion
NO. 2018 KW 0847
06-25-2018
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-17-0753. BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
WRIT DENIED.
JTP
JMG
Crain, J., concurs. I agree the trial judge did not abuse his sound discretion in severing the homicides from the armed robberies, as the offenses do not appear to meet the requirements for joinder under Louisiana Code of Criminal Procedure article 493. However, I write separately to point out that the severance does not necessarily preclude evidence of the armed robberies to establish the identity of the defendant as the perpetrator of the homicides pursuant to Louisiana Code of Evidence article 404(B). See State v. Brewington, 601 So.2d 656, (La. 1992) (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT