Anderson v. State
| Decision Date | 01 March 1982 |
| Docket Number | No. 381S88,381S88 |
| Citation | 431 N.E.2d 777 |
| Parties | Sherman ANDERSON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Richard M. Salb, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was charged and convicted by a jury of four (4) separate violations of the Indiana Uniform Controlled Substance Act. He was sentenced to four (4) terms of twenty (20) years imprisonment to be served concurrently.
Appellant sold heroin to a confidential police informant who was accompanied by an Indiana State Police Trooper assigned to narcotics investigation. On February 15, 19, 20, and 22, 1980, appellant delivered less than three grams of heroin on each occasion.
Appellant claims the trial court erred by denying his pretrial motion for severance of the offenses. I.C. 35-3.1-1-11(a) (Burns' Repl.1979) states: "Whenever two (2) or more offenses have been joined for trial in the same indictment or information solely on the ground that they are of the same or similar character, the defendant shall have a right to severance of the offenses." I.C. 35-3.1-1-12(a) requires a motion for severance of offenses to be made before or at the close of all the evidence during trial if based upon grounds not previously known. Failure to make a timely motion results in waiver of the allegation. If the pretrial motion for severance of offenses is overruled, the motion must be renewed on the same grounds before or at the close of all the evidence during trial to avoid waiver of the allegation of error pursuant to I.C. 35-3.1-1-12(b) (Burns' Repl.1979).
In Dorton v. State, (1981) Ind., 419 N.E.2d 1289, this Court applied the clear directions of the above statutes, holding the allegation of erroneously refusing to grant severance was waived by failing to renew the motion during the trial. Appellant concedes his failure to renew his motion for severance of the offense. His allegation is, therefore, waived.
Appellant next claims the trial court erred by failing to enforce its order granting motion in limine. The record reveals appellant moved for a motion in limine to exclude mention of any drug transactions or charges involving him other than the four (4) counts being tried. The trial court granted this motion. Appellant then moved to exclude any comment by three witnesses, two law enforcement officers and a confidential informant, regarding seventy-two (72) drug transactions with other individuals and twenty-four (24) resulting arrests during their narcotics investigation. The trial judge declined to rule on the motion. The three witnesses were allowed to testify to the productivity of their investigation....
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Carter v. State
...waived this issue when he opposed the State's motion for severance and otherwise failed to renew his earlier motion. See, Anderson v. State (1982), Ind., 431 N.E.2d 777. We find no merit in Carter's claim that he "was placed in the unfair and untenable position of either restructuring his d......
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Hobson v. State
...before or at the close of all the evidence during trial to avoid waiver of the allegation of error. IC 35-34-1-12(b); Anderson v. State (1982), Ind., 431 N.E.2d 777, 778. Here Hobson filed a pretrial motion for severance of offenses on the morning of trial, which the trial court denied. Hob......
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Montgomery v. State
...of our supreme court require such renewal. Hobson v. State, 495 N.E.2d 741, 744 (Ind. Ct. App. 1986) (citing, inter alia, Anderson v. State, 431 N.E.2d 777 (Ind. 1982), and Dorton v. State, 419 N.E.2d 1289 (Ind. 1981)). We see no reason to deviate from statutory enactment and binding preced......
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Spindler v. State
..."The right to severance of offenses ... is waived by failure to renew the motion." I.C. Sec. 35-34-1-12(b); see also Anderson v. State (1982), Ind., 431 N.E.2d 777, 778; Ford v. State (1987), Ind.App., 506 N.E.2d 835, 836-37. By not renewing her motion for severance, Spindler has not preser......