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Try CasePortal for FreeJ. Brown finds that the district court should not have dismissed two of the three indictments against defendant and should not have quashed two of the indictments. This court previously determined that defendant, who was convicted of aggravated rape and other offenses, should not have been tried jointly with a co-defendant because the co-defendant was charged with a capital offense, which could only be tried before a jury, and defendant's non-capital offenses could be tried by a judge or jury. When defendant's convictions were reversed, it was based on whether he suffered prejudice in his trial regarding all three alleged victims for the potential Brady violations relating solely to the first victim. Under Boudreaux, the state raised the issue of all three convictions in its assignment of error, and both sides briefed the issue before the Supreme Court granted writs and before oral argument. Therefore, the issue was not abandoned. Vacated.