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Davis v. State

The trial court did not abuse its discretion in refusing to sever charges arising from two similar robberies, which occurred only three days apart.

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Terry Davis was charged with two counts of armed robbery and one count of kidnapping.1 Following a trial, a jury found him guilty of kidnapping, one count of armed robbery, and one count of the lesser included offense of robbery by intimidation. In his sole enumeration of error on appeal, Davis contends that the trial court abused its discretion in failing to sever the armed robbery charges for trial. Finding no error, we affirm. Viewed in a light favorable to the verdict,2 the evidence shows that on March 4, 2006, Omar Sanchez drove his pick-up truck to a car wash located near a convenience store where he was approached by Davis. Initially, Davis asked Sanchez for a cigarette. When Sanchez responded that he had none, Davis reached into the truck and removed the keys. Davis then reached behind him, which led Sanchez to believe that Davis had a weapon. Davis took money from Sanchez’s wallet and began looking around the cab of the pick-up truck. According to Sanchez, Davis also took a $350 amplifier that he found in the truck. At that point, Davis returned the keys to Sanchez and left the scene.

Three days later, Samuel Vargas went to a local convenience store where he purchased a gasoline additive for his truck. After Vargas paid, Davis approached him and inquired about Vargas’s purchase. As Vargas was walking back to his truck, he called his wife to let her know that he was going home. Davis, who had followed Vargas to the truck, produced a gun and demanded that Vargas enter the truck. Davis also entered the truck and ordered Vargas to drive to a deserted area. When Vargas stopped, Davis took the keys, pointed the gun at Vargas, and demanded money. Davis then noticed Vargas’s cell phone and demanded that as well. After obtaining money and the phone, Davis returned the keys and walked away.

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