Davenport v. State (Majority)
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After a jury trial, Defendant was convicted of capital murder and three counts of unlawful discharge of a firearm from a vehicle. Because the State waived the death penalty, the circuit court automatically sentenced Defendant to life imprisonment without the possibility of parole for his capital murder conviction. The circuit court also sentenced Defendant as a habitual offender to terms of imprisonment for the unlawful-discharge convictions and for a firearm enhancement. Defendant appealed, claiming that his counsel was ineffective for failing to object when the circuit court, instead of the jury, assessed the sentences for the firearm enhancement and the unlawful-discharge convictions. The circuit court denied the petition. The Supreme Court reversed and remanded because the circuit court failed to make adequate findings of fact on this issue. On remand, the circuit court again denied Defendant's petition for postconviction relief. The Supreme Court affirmed because Defendant did not assert any claim of prejudice, which made it unnecessary for the Court to review the circuit court's finding that counsel's representation was not deficient.
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