Holladay v. State, 7 Div. 55
Decision Date | 27 January 1989 |
Docket Number | 7 Div. 55 |
Citation | 545 So.2d 213 |
Parties | Glenn HOLLADAY v. STATE. |
Court | Alabama Court of Criminal Appeals |
Albert Shumaker, Centre, for appellant.
Don Siegelman, Atty. Gen., and Charles W. Hart III, Asst. Atty. Gen., for appellee.
Glenn Holladay was charged in three separate indictments with escape in the first degree, theft of property in the first degree and kidnapping in the first degree. These three indictments were consolidated for trial. The jury found the appellant guilty of the escape and theft charges and not guilty of the kidnapping charge. The appellant was sentenced to life imprisonment on both convictions.
The facts of this case are irrelevant to our decision, and thus, will be deleted.
I
The appellant contends the three indictments were improperly consolidated for trial because he was not present at the consolidation hearing and was not afforded the opportunity to be heard on the motion to consolidate.
During the hearing on the motion to consolidate, the following occurred:
(R. 8-9)
Rule 15.3(b), A.R.Crim.P.Temp. provides:
In the case at bar, not only was the appellant denied the opportunity to be...
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Merrill v. State
...where, without notice to the defendant, a motion to consolidate was filed and granted on the same day); see also Holladay v. State, 545 So.2d 213 (Ala. Cr.App.1989) (holding that error in consolidating indictments could not be rendered harmless where the defendant was not present at the con......