State v. Santiago
Annotate this CaseAfter a jury trial, Petitioner was convicted of robbery in the first degree and assault in the first degree. The Supreme Court reversed Petitioner's conviction of first degree assault but affirmed his conviction of second degree robbery, holding (1) Petitioner could not be convicted of both robbery in the first degree and assault in the first degree inasmuch as the element of infliction of severe bodily injury was common to both offenses, the jury relied on the same conduct of Petitioner to satisfy this element for both offenses, and the findings incorporated in the verdicts were inconsistent; and (2) a specific unanimity instruction was not required in this case.
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