TIMOTHY CATLETT, STEVEN L. WEBB, CHRISTOPHER D. TURNER, LEVY ROUSE, KELVIN D. SMITH, RUSSELL L. OVERTON, and CLIFTON E. YARBOROUGH, APPELLANTS, v. UNITED STATES, APPELLEE, 545 A.2d 1202

Summary

Defendants were charged and convicted of, among other things, kidnapping and felony murder. They appealed from their convictions citing numerous errors. On appeal, the court affirmed the convictions, but remanded for resentencing. A number of defendants contended that the trial court erred in denying their motions to sever. The court noted that its review of the trial court's refusal to grant severance motions was limited to a determination of whether the broad discretion entrusted to the trial court was abused. The court was unpersuaded that defendants suffered the level of prejudice necessary to warrant reversal. One of the defendants contended that his sentence was to have been modified. The court agreed with respect to all defendants. The court was of the opinion that under existing case law, defendants could not have remained sentenced, either consecutively or concurrently, for both felony murder and the underlying felony. The court also noted that where one killing was involved, ...