State v. Kleypas
Annotate this CaseAfter a jury trial, Defendant was convicted of capital murder, aggravated burglary, and attempted rape. The district court imposed the death sentence for the capital murder conviction and time in prison for the remaining convictions. The Supreme Court remanded after finding reversible error relating to Defendant’s capital sentence. After a new sentencing proceeding, the district court imposed the death sentence for the capital murder conviction and prison sentences for the remaining convictions. Defendant appealed, raising several allegations of error. The Supreme Court affirmed Defendant’s capital murder conviction and his death sentence but reversed Defendant’s attempted rape conviction as multiplicitous, vacated his sentence for attempted rape, and remanded for resentencing on the other conviction of aggravated burglary, holding that an intervening change in the law required reversal of Defendant’s attempted rape conviction.
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