State v. Allison
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree premeditated murder, conspiracy to commit first-degree murder, and terroristic threat. The jury unanimously determined that a life sentence without the possibility of parole for forty years should be imposed for the murder conviction. The Supreme Court affirmed the convictions and sentence. Defendant later filed a second amended motion to correct illegal sentence, arguing that his sentence was illegal because the instructions that had been provided to the jury did not clearly specify the standard of proof for finding mitigating circumstances. The district court denied the motion, concluding that even if there were error, it was harmless. The Supreme Court affirmed, holding that Defendant’s sentence was not illegal.
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