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GODWIN v. COM.

Record No. 1040-85.

367 S.E.2d 520 (1988)

Keith GODWIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 5, 1988.

Attorney(s) appearing for the Case

Paul H. Ray, Virginia Beach, for appellant.

Lucy Allen, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and COLEMAN, JJ.

BARROW, Judge.

In this appeal we decide that a defendant should not be required to defend two criminal charges in the same trial simply because they arose out of factually similar events. The trial court denied the defendant's motion to sever the trial of two robbery and two use of a firearm offenses which, though factually similar, were not part of a common plan. We reverse the convictions and remand the proceedings for...

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