State v. DeguairAnnotate this Case
Defendant was found guilty of robbery in the second degree, kidnapping as a class A felony, and kidnapping as a class B felony. The circuit court merged Count 1 - the robbery, a lesser grade class B felony - into Count 2 - one of the kidnappings, a higher grade class A felony. The Intermediate Court of Appeals (ICA) vacated the circuit court’s judgment of conviction and sentence as to Count 2 as a class A felony and remanded for entry of a judgment of conviction on Count 2 as a Class B felony and resentencing on Count 2, concluding that the circuit court erred in convicting Defendant of kidnapping as a class A felony on Count 2 because Defendant was entitled to the mitigating defense, which would have reduced the kidnapping to a class B felony. The Supreme Court vacated the ICA’s judgment, holding that the ICA erred in remanding the case for resentencing solely on the Count 2 kidnapping conviction because the kidnapping convictions merged into the robbery conviction. Remanded for the circuit court to reinstate Defendant’s conviction on Count 1 and to dismiss the convictions on Counts 2, 3, 4, and 5 and to resentence Defendant on Count 1 only based on the merger of Counts 2 through 5 into Count 1.