COOPER v. STATE (2009)

Cooper was convicted, after a jury trial, of possession of a firearm by a convicted 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.  Smithers 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.

FOOTNOTES

1.   § 790.23, Fla. Stat. (2007).

2.   § 893.13(6)(b), Fla. Stat. (2007).

EVANDER, J.

PALMER and SAWAYA, JJ., concur.