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Ferrell v. Commonwealth12/11/1990
fore, Rule 3A:10(b), were not met and that the trial court erred in refusing to sever the offenses relating to each burglary. However, there was no error in joining the offenses of burglary and larceny where they arose out of the same transaction.
INVENTORY
I also would hold that the trial court erred in admitting the inventory of the contents of the automobile. The inventory listed approximately seventy items of tangible personal property. Some
of this property was taken during the burglaries with which he was charged, and evidence that he had these items in his possession would have been admissible. However, other items on the inventory were not taken during the burglaries but appeared to have been stolen on other occasions since they belonged to other people. These included the license plate which had been stolen, the driver's license, a number of billfolds belonging to other people, and various pieces of women's jewelry. This evidence did not tend to prove the defendant's involvement in the four burglaries with which he was charged. It only suggested to the jury that the defendant may have also been involved in other unrelated crimes. The admission of such evidence was not harmless error.
Since, in my opinion, the trial court erred in denying the motion to sever the offenses and in admitting the inventory, I would reverse the defendant's convictions and remand the proceeding for a new trial.
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