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MOYE v. STATE

No. 4D03-2905.

898 So.2d 170 (2005)

Harron MOYE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 9, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

Appellant, Harron Moye, was charged by information and tried on five separate counts involving possession and sale of marijuana and cocaine.1 Appellant was convicted on four of the five charges. Because we agree with appellant that the trial court abused its discretion in failing to sever at least two of the charges for purposes of trial, we reverse.

The March 5 possession of cocaine charge (count I) arose out of...

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