State v. Harrington

Misjoinder is harmless if there is little likelihood it affected the verdict.

Defendant appealed the consolidation of his indictments and a failure to merge his guilty verdicts. The defendant argued the trial court erred because it failed to merge his guilty verdicts of first-degree rape and second-degree sexual abuse. He also argued that the court erred when it consolidated his indictments. The Court held that misjoinder is harmless if there is little likelihood it affected the verdict. Here, the Court reasoned that the consolidation was harmless because he was acquitted on the 2019 charges and they were not considered in determining his guilt on the 2020 charges. Regarding the failure to merge, the Court reasoned that because both charges involved the same conduct and the same victim they should have been merged. The Court reasoned that given the minimal burden on the judicial system in remanding and resentencing it is appropriate that they correct the error. Convictions on Counts 1 and 4 reversed and remanded for entry of conviction for one count of first-degree rape; remanded for resentencing; otherwise affirmed.