Multi-Count Indictments; Joinder of Defendants

(a) Joinder of Offenses. The indictment may charge a defendant in separate counts with two (2) or more offenses triable in the same court if the offenses charged – whether felonies, misdemeanors or both – are: (1) based on the same act or transaction; or (2) connected with or constitute parts of a common scheme or plan. (b) Joinder of Defendants. Two (2) or more defendants may be charged in the same indictment upon which they are to be tried when: (1) Each defendant is charged with accountability for each offense charged; (2) Each defendant is charged with conspiracy and some of the defendants are also charged with one (1) or more offenses alleged to have been committed in furtherance of the conspiracy; or (3) All defendants are not charged in each count, but it is alleged that the several offenses charged were part of a common scheme or plan. 81 (c) Trial of Joined Offenses. (1) Where two (2) or more offenses are properly charged in separate counts of a single indictment, all such charges may be tried in a single proceeding. (2) The trier of fact shall return a separate verdict for each count of an indictment drawn under section (a). (d) Sentencing. When a defendant is convicted of two (2) or more offenses charged in separate counts of an indictment, the court shall impose separate sentences for each such conviction. Nothing contained in this Rule, however, shall be construed to prohibit the court from exercising its authority to suspend either the imposition or execution of any sentence(s) or to prohibit the court from exercising its discretion to impose such sentences to run either concurrently with or consecutively to each other or to any other sentence(s) previously imposed upon the defendant.