People v. Tobey

In People v. Tobey, 401 Mich 141, 153; 257 NW2d 537 (1977), the Court held that the defendant was entitled to separate trials on two charges of selling heroin that occurred twelve days apart, albeit to the same undercover officer. Id. at 144. The Court explained what constitutes the same conduct or a series of connected acts that would permit joinder for trial: The commentary accompanying the Standards explains that "same conduct" refers to multiple offenses "as where a defendant causes more than one death by reckless operation of a vehicle." "A series of acts connected together" refers to multiple offenses committed "to aid in accomplishing another, as with burglary and larceny or kidnapping and robbery." "A series of acts constituting parts of a single scheme or plan" refers to a situation "where a cashier made a series of false entries and reports to the commissioner of banking, all of which were designed to conceal his thefts of money from the bank." Tobey, supra at 151-152.