Severance of Offenses Georgia

In Georgia, the right to severance of offenses exists only where the offenses have been joined solely on the ground that they are of the same or similar character. However, where they are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan, severance lies within the discretion of the trial court since the facts in each case are likely to be unique. It is clear that where separate crimes are committed in order to accomplish a single criminal purpose, the crimes are said to constitute parts of a single scheme or plan, even if they are somewhat removed from one another in terms of time and place. Bailey v. State, 157 Ga. App. 222, 223-224 (3) (276 SE2d 843) (1981). "The test for the court to consider is whether, in light of the number of offenses charged and the complexity of the evidence, the fact-trier will be able to distinguish the evidence and apply the law intelligently to each offense." Dobbs v. State, 204 Ga. App. 83, 84 (1) (418 SE2d 443) (1992).