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STATE v. BELIEU

No. 63369.

288 N.W.2d 895 (1980)

STATE of Iowa, Appellee, v. Franklin R. BELIEU, Appellant.

Supreme Court of Iowa.

February 20, 1980.

Attorney(s) appearing for the Case

Thomas R. Isaac of Slack & Isaac, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Jeanine Freeman, Asst. Atty. Gen., Dan Johnston, Polk County Atty., and Robert Blink, Asst. Polk County Atty., for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, McCORMICK, ALLBEE, and McGIVERIN, JJ.

McCORMICK, Justice.

In this case of first impression involving Iowa R.Crim.P. 6(4), the determinative question is whether the trial court abused its discretion in overruling defendant Franklin R. Belieu's motions to sever his trial from that of two codefendants. We find an abuse of discretion and therefore reverse.

Iowa R.Crim.P. 6(4) provides in relevant part:

a. Multiple defendants. Two or more defendants...

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