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STATE v. MOORE

6 S.W.3d 235 (1999)

STATE of Tennessee, Appellee, v. Donald Terry MOORE, Appellant.

Supreme Court of Tennessee, at Nashville.

November 1, 1999.

Attorney(s) appearing for the Case

Charles R. Ray, Jeffery S. Frensley, Nashville, for Appellant.

Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, Nashville, for Appellee.

OPINION

BARKER, J.

We granted the appeal in this case to address the proper application of Tennessee Rule of Criminal Procedure 14(b)(1), which is used to sever criminal offenses. For the reasons set forth below, we hold that the Court of Criminal Appeals erred in affirming the trial court's denial of appellant's motion to sever one count of child rape based upon a finding that the offense was part of a common...

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