Narrative Opinion Summary
Christopher Ray Fitzgerald appeals his convictions for three counts of aggravated robbery from the 124th Judicial District Court in Gregg County, Texas. He argues that the trial court erred by denying his motion to sever his case from that of his accomplice, John Scott Kincaid, who was present during the robberies. This same issue was addressed in a related appeal (cause number 06-09-00193-CR), where it was determined that no reversible error was present. Consequently, the appellate court affirms the trial court’s judgment. The memorandum opinion was delivered by Justice Moseley, with the decision submitted on June 1, 2010, and decided on June 2, 2010. The opinion is not intended for publication.
Legal Issues Addressed
Appellate Review of Trial Court Decisionssubscribe to see similar legal issues
Application: The appellate court reviewed the trial court's decision and upheld the judgment, indicating that the trial court acted within its discretion and that the denial of the severance motion did not constitute reversible error.
Reasoning: This same issue was addressed in a related appeal (cause number 06-09-00193-CR), where it was determined that no reversible error was present.
Motion to Sever in Criminal Proceedingssubscribe to see similar legal issues
Application: The appellant's request to sever his trial from that of his accomplice was denied, and the appellate court found no reversible error in this decision, affirming the trial court's judgment.
Reasoning: He argues that the trial court erred by denying his motion to sever his case from that of his accomplice, John Scott Kincaid, who was present during the robberies.
Non-Publication of Judicial Opinionssubscribe to see similar legal issues
Application: The opinion delivered by the appellate court is not intended for publication, following certain judicial protocols for memorandum opinions.
Reasoning: The opinion is not intended for publication.