Donald P. Spicer v. State of Tennessee

In this appeal, we address several issues related to the consolidation and severance of multiple sexual abuse offenses pursuant to Tennessee Rules of Criminal Procedure 8, 13, and 14. More specifically, these issues are: (1) whether the appellant properly preserved his right to a severance of offenses under Rule 14(b)(1) by objecting to a pre-trial motion for consolidation; if so, (2) whether the trial court abused its discretion by improperly consolidating two indictments alleging child rape and aggravated sexual battery in a single trial; and if so, (3) whether that abuse of discretion affirmatively appears to have affected the outcome of the trial. For the reasons stated herein, we hold that the appellant properly preserved his right to a severance of offenses and that the trial court abused its discretion by consolidating both indictments in a single trial. Because we also hold that the trial court’s abuse of discretion affirmatively appears to have affected the outcome of the trial, we vacate the appellant’s conviction and sentence and remand this case to the Shelby County Criminal Court for a new trial. The judgment of the Court of Criminal Appeals is affirmed in part as modified and reversed in part.