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548 So. 2d 85

State v. Avery

Louisiana Court of Appeal

Decided July 24, 1989

Louisiana Court of Appeal · decided 1989-07-24

Relies on 404 So. 2d 954 - State v. Williams · 408 So. 2d 1099 - State v. Comeaux · 396 So. 2d 1272 - State v. Jones

Decided 1989-07-24

¶1ORDER

¶2WRIT GRANTED AND MADE PEREMPTORY:

¶3Under the aggregate punishment rule, relator is entitled to a jury trial since the potential aggregate punishment for the charged offense exceeds six months. State v. Williams, 404 So.2d 954 (La.1981). The granting of a motion to consolidate lies within the discretion of the trial judge. However, it is an abuse of discretion to refuse to order consolidation unless the state demonstrates a legitimate prosecuto-rial end in opposing consolidation. La.C. Cr.P. art. 706; State v. Comeaux, 408 So.2d 1099 (La.1981). Depriving an accused of a jury trial is not a legitimate prosecutorial end. State v. Comeaux, supra;State v. Jones, 396 So.2d 1272 (La.1981). See also State v. Wallace, 539 So.2d 123 (La.App. 2 Cir.1989). Therefore, the trial judge erred in denying relator’s motion for consolidation solely for the purpose of preventing relator from having a jury trial. This case is remanded to the district court for further proceedings consistent with this order.

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