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PEOPLE v. HOLLY

Docket Nos. 58429, 59282.

129 Mich. App. 405 (1983)

341 N.W.2d 823

PEOPLE v. HOLLY PEOPLE v. PEARSON

Michigan Court of Appeals.

Decided October 10, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Edwin R. Brown, Assistant Prosecuting Attorney, for the people.

David M. Hartsook, for defendant Holly.

Roger A. Lange, for defendant Pearson.

Before: D.E. HOLBROOK, JR., P.J., and J.H. GILLIS and M.E. DODGE, JJ.

M.E. DODGE, J.

Following a joint jury trial, codefendants were each found guilty of armed robbery, MCL 750.529; MSA 28.797. Defendants appeal as of right.

Defendants first argue that the trial court incorrectly denied their motion for separate trials. Generally, a defendant does not have a right to a separate trial; joinder is usually within the discretion of the trial court. MCL 768.5; MSA 28.1028; People v Hurst, 396 Mich. 1

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