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Hubbard v. State

Defendant was not entitled to a separate trial for similar crimes that occurred on the same night, in the same neighborhood, with the same guns and accomplices.

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Appellant Darrick Hubbard appeals his convictions for murder and related crimes, resulting in a life sentence.1 Finding that the crimes charged against appellant were all part of a continuing course of conduct that occurred over the same period of time, we conclude that the trial court properly denied appellant’s motion to sever. Therefore, we affirm.

The evidence shows that one night in October 1997, appellant and his accomplices Strozier and Barry, all of whom were armed, burst into the home of Derek Jones and Melody Bonner. Appellant demanded money and threatened to kill everyone present. Money was taken from Kevin Reed, one of those in the apartment. When Derek Jones escaped through a window, Strozier, at appellant’s direction, chased him and shot him in the arm. Strozier then attempted to shoot John Reed, but the gun jammed. Appellant and his accomplices then left the apartment. Approximately five hours later, appellant, Strozier, Barry, and another man named “Unc,” all of whom were armed, arrived at a crack house occupied by Charles Spikes, Katrina Gemes, and Dianne Mitchell. Appellant ordered that Gemes be tied up, and then pistol whipped her. In exchange for promised drugs, Dianne Mitchell had sex with Barry and “Unc” in a bedroom. Appellant then shot and killed Mitchell.

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