State v. Gleason
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After a jury trial, Defendant was convicted of capital murder, first-degree premeditated murder, aggravated kidnapping, aggravated robbery, and criminal possession of a firearm. In a separate penalty phase, the same jury sentenced Defendant to death for the capital offense and to a consecutive controlling sentence of life without the possibility of parole for fifty years on the remaining convictions. The Supreme Court (1) affirmed Defendant’s convictions with the exception of his conviction of first-degree premeditated murder, which the Court vacated because it was multiplicitous with Defendant’s capital murder conviction; and (2) vacated Defendant’s death sentence, holding that the district court failed properly to instruct the jury on its duty to consider mitigating circumstances. Remanded for resentencing.
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