STATE OF LOUISIANA NO. 2024 KW 0828 VERSUS

FWATAM0310: OCTOBER 2, 2024

In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. - CR - 000783.

BEFORE: THERIOT, CHUTZ, AND HESTER, Ji.

WRIT DENIED.

MRT WRC

Hester, J., dissents and would grant the application. On a motion to sever, the burden is on the defendant. The trial court must be satisfied by convincing evidence that justice requires a severance. State v. Bradbury, 367 So. 2d 745, 747 ( La. 1978). The mere unsupported allegation that defenses will be antagonistic is not sufficient to require a severance. State v. Prudholm, 446 So. 2d 729, 741 ( La. 1984). Further, justice does not require severance where only the extent of each defendant' s participation in the offense is at issue. State v. Gaskin, 412 So. 2d 1007, 1012 ( La. 1982) ; State v. Robertson, 509 So. 2d 98, 100 ( La. App. 1st Cir. 1987). Here, I find the respondent' s mere allegation of antagonistic defenses is not sufficient to meet his burden of proving he will be prejudiced if jointly tried with his co- defendant.

OURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT