State v. Wilson
Annotate this CaseAppellee Joseph Wilson was tried before a jury and found guilty on three counts of aggravated robbery, felonious assault, and kidnapping. Wilson appealed, arguing the three offenses for which he was convicted were allied offenses of similar import and should have been merged into one offense for sentencing. The court of appeals held that kidnapping and felonious assault were allied offenses and kidnapping and aggravated robbery were allied offenses. The court vacated Wilson's sentence and remanded for a new sentencing hearing at which the state could elect which of the allied offenses it wanted to pursue for sentencing. The state appealed, arguing the scope of a resentencing judge's authority upon a remand to correct an allied-offenses sentencing error is limited to accepting the state's election among allied offenses. The Supreme Court affirmed, holding that when a cause is remanded to a trial court to correct an allied-offenses sentencing error, the trial court must hold a new sentencing hearing for the offenses that remain after the state selects which allied offense or offenses to pursue. The Court also held res judicata does not preclude a defendant from objecting to issues that arise at the new sentencing hearing.
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