Cooper v. State

EVANDER, J. Cooper was convicted, after a jury trial, of possession of a firearm by a convicted *793 felon, 1 and possession of less than 20 grams of cannabis. 2 We affirm the firearm conviction without further discussion. However, we reverse the cannabis conviction and remand for a new trial on that count, because the trial court should have granted Cooper’s pretrial motion to sever the two counts. The decision to grant or deny a motion for severance rests within the sound discretion of the trial court. Smith-ers v. State, 826 So.2d 916, 923 (Fla.2002). However, that discretion is sharply curtailed when it concerns a request to sever a charge of possession of a firearm by a convicted felon. Tucker v. State, 884 So.2d 168, 172 (Fla. 2d DCA 2004). Here, the admission of evidence that Cooper was a convicted felon was necessary to prove the count charging him with possession of a firearm by a convicted felon, but was inadmissible and unduly prejudicial with regard to the cannabis count. See State v. Vazquez, 419 So.2d 1088 (Fla.1982); Tucker; Craft v. State, 441 So.2d 704 (Fla. 2d DCA 1983); Smith v. State, 434 So.2d 18 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part; REMANDED. PALMER and SAWAYA, JJ, concur. Footnotes [1] § 790.23, Fla. Stat. (2007). [2] § 893.13(6)00, Fla. Stat. (2007).