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Tanksley v. State

Defendant was not entitled to severance of charges arising out of three separate incidents because the similarity between the incidents reached the level of a pattern evincing a common bent of mind.

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A jury found Eugene Tanksley guilty of armed robbery, hijacking a motor vehicle, aggravated assault, possession of a firearm during the commission of a crime, and theft by taking. He challenges the convictions entered on the verdict, claiming the trial court erred in denying his motion to try the charges related to each of the three incidents separately, in allowing the prosecutor to cross-examine him about the veracity of a witness, and in charging the jury on an inapplicable principle of law. Because none of these arguments presents grounds for reversal, we affirm the convictions.

Viewed in a light most favorable to the verdict, the evidence shows that on Saturday, August 23, 1997, a woman sat in her car in a convenience store parking lot while her boyfriend went inside the store. Four men in a gray car pulled into the parking lot. Tanksley, whom the woman knew, got out of the car and jumped into her car. He snatched her purse, and when she tried to snatch it back, Tanksley told her “don’t make me pull out my pistol.” He got back into his own car and remained in the parking lot, cursing at the victim. The victim got out of her car to use the pay phone to call police and, as her boyfriend stood with her, Tanksley remained where he was. Tanksley eventually drove away.

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