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STATE v. AVERY

No. K89-772.

548 So.2d 85 (1989)

STATE of Louisiana, Plaintiff-Relator, v. William C. AVERY, Defendant-Respondent.

Court of Appeal of Louisiana, Third Circuit.

July 24, 1989.

Attorney(s) appearing for the Case

James Spruel, Jr., Gray, Spruel & Burks, Lake Charles, for William C. Avery.

Annette Fuller Roach, Asst. Dist. Atty., Lake Charles, for State.

ORDER

WRIT GRANTED AND MADE PEEMPTORY:

Under the aggregate punishment rule, relator is entitled to a jury trial since the potential aggregate punishment for the charged offense exceeds six months. State v. Williams, 404 So.2d 954 (La.1981). The granting of a motion to consolidate lies within the discretion of the trial judge. However, it is an abuse of discretion to refuse to order consolidation unless the state...

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