Florida District Courts of Appeal, 1978

State v. Gres

State v. Gres
Florida District Courts of Appeal · Decided February 28, 1978 · Anstead, Crawford, Dauksch, Grady
361 So. 2d 733; 1978 Fla. App. LEXIS 15001 (Southern Reporter, Second Series)

State v. Gres

Opinion of the Court

PER CURIAM.

The state filed a three count information charging the appellees Gres, Thomas and Darwin in Count I, Gres and Thomas in Count II, and Gres and Thomas in Count III. All of the counts involved the possession or attempted possession of a controlled substance. Darwin filed a motion for severance. None of the other appellees sought a severance. After a hearing on Darwin’s motion, the trial court entered an order granting each defendant a separate trial as to each count or a total of seven trials. We can find no basis in the record for ordering such a severance except as to Darwin. Accordingly, the petition for writ of certiorari is granted; and the order of severance is hereby quashed except for that portion of the order which grants a severance to ap-pellee, Tony Darwin.

ANSTEAD and DAUKSCH, JJ., and CRAWFORD, GRADY L., Associate Judge, concur.

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