State v. Harrison
Annotate this CaseDefendant pleaded guilty to attempted murder of the unborn child of a juvenile mother. The charge and plea were based on the allegation that Defendant tried to kill the child by punching Mother in the abdomen in exchange for a payment by Mother. At Defendant's sentencing, the district court sua sponte found him ineligible for conviction of attempted murder under the standard set forth in State v. Shondel and sentenced him instead to the lesser charge of attempted killing an unborn child by abortion. The Supreme Court reversed, holding (1) the State had a statutory right of appeal from the district court's holding because the court implemented the decision to effect a "final judgment of dismissal" of the murder charge; (2) the Court's reconsideration of the district court's decision did not raise double jeopardy concerns because a reversal would not subject Defendant to successive prosecution but merely reinstate Defendant's guilty plea on the attempted murder charge; and (3) there was no Shondel bar to Defendant's sentencing on the charge of attempted murder because the elements of attempted murder differ from the elements of attempted killing of an unborn child by abortion.
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