Appellant Tammie Lynn Rhodes was convicted of two counts of felony murder and one count of cruelty to children in the beating death of her son, Jacob.1 She was sentenced to concurrent life sentences on the felony murder counts and a consecutive twenty year sentence for cruelty to children. She asserts on appeal that the trial court erred in denying her motion to sever and in admitting similar transaction evidence. We affirm; however, because Rhodes could be sentenced as to either count of felony murder, but not both, we vacate and remand for resentencing. 1. The evidence authorized the jury to find that in November 2000 Rhodes and her three sons moved in with her boyfriend, co-defendant Darrell Collum, and his three daughters. Rhodes and Collum met over the internet and had known each other for only a short time. Within days of moving into Collum’s home, twenty-month-old Jacob Rhodes started receiving bruises to his head and body. Thereafter, Jacob’s leg was fractured to the extent that he could neither walk nor wear a shoe, and he suffered a broken rib. Although both injuries would have been extremely painful, Jacob received no medical attention.
The day before he died, Jacob was seen with new bruises and a black eye, injuries so severe they caused at least one witness to call Rhodes and Collum and demand that they take the child to a doctor. They refused. That evening, Rhodes noticed Jacob’s head was swelling. Instead of seeking medical attention, she went to the store to get ice, a steak, and soft drinks. Upon returning home, she and Collum placed Jacob on the couch with several bags of ice around his head and the steak over his face in an attempt to stop the swelling and bruising. Jacob remained in this position until the next afternoon when he was discovered shivering and visibly cold, the ice having melted all around him. At this time, Jacob’s hands were clenched shut and his feet were visibly stiff and extended. Again, rather than seek medical attention, Rhodes left to buy a heating pad, which she used to try to warm Jacob. Hours later, after Jacob began vomiting a brown substance and gasping for air, Rhodes and Collum called 911. Despite efforts to resuscitate him, Jacob was pronounced dead shortly after arriving at the hospital.
