State v. Chapman , 342 N.C. 330 ( 1995 )

Justice Webb

dissenting.

I dissent from the majority opinion. I believe it was error to consolidate the two cases for trial. N.C.G.S. § 15A-926(a) says:

Two or more offenses may be joined . . . for trial when the offenses . . . are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan.

I do not believe the two crimes were based on a series of acts or transactions connected together or constituting parts of a single scheme or plan. The murders occurred two months apart. I can see nothing in the record that indicates that the defendant was scheming to kill another person at the time the first murder was committed. The fact that the two crimes had a common modus operandi does not show a continuing scheme or plan. I believe that without more of a showing of one scheme to murder two persons it was error to consolidate the cases for trial.

I vote to grant new trials on the two charges.