STATE v. ROBINSON

No. 92-1832.

506 N.W.2d 769 (1993)

STATE of Iowa, Appellant, v. James (NMN) ROBINSON, Appellee.

Supreme Court of Iowa.

October 20, 1993.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Robert P. Ewald, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Kimberly A. Griffith, Asst. County Atty., for appellant.

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Asst. State Appellate Defender, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.


LAVORATO, Justice.

In this discretionary review the State challenges a district court order severing the charge on two alleged deliveries of a controlled substance for separate trials. We find that the district court applied an incorrect legal standard in ruling on the defendant's motion to sever. We reverse and remand so the court can consider the motion in light of the correct legal standard.

The minutes of testimony attached to the trial information reveal...

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