State v. Allen

The Supreme Court affirmed the judgment of the trial court convicting Defendant, following a jury trial, of murdering her ten-year-old cousin, but remanded the case for resentencing, holding that the sentence imposed for count four was illegal.

A jury convicted Defendant of first-degree felony murder, conspiracy to commit child abuse, and three counts of child abuse (counts three through five). The jury imposed the death sentence on the murder conviction and maximum and aggravated terms of imprisonment on the remaining counts. Defendant appealed both the judgments and the sentences. The Supreme Court largely affirmed, holding (1) Defendant was not entitled to reversal of her convictions based on her allegations of error; and (2) as to count four, because only one aggravating factor was found, the imposition of an aggravated sentence was illegal.