Godwin v. Commonwealth
Godwin v. Commonwealth, 6 Va. App. 118, 367 S.E.2d 520 (1988) involved a jury trial rather than a bench trial, and when appellant's counsel and the prosecutor said the only other cases they found requiring severance also involved jury trials, the trial court denied appellant's motion for severance.
The Court held that where an accused does not consent to having the charges tried together, the trial court may "not try them together unless the offenses meet the criteria of Rule 3A:6(b) and justice does not require separate trials." Id. at 121, 367 S.E.2d at 522.
Godwin was decided under Rule 3A:10(b). Rule 3A:10 was amended January 1, 1994, and former subsection (b) was redesignated as subsection (c).
In Godwin, the Court held that two robberies of two different Flowers Bakery stores within five days and three and one-half miles of each other, where "the method of each offense was similar, but not unusual," did not meet this test. Id. at 120, 122, 367 S.E.2d at 521, 522.