State v. Shaw
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The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) vacating the circuit court's judgment of conviction and sentence and remanding the case to the circuit court for further proceedings, holding that the appellate court erred in part.
Defendant was convicted of computer fraud in the third degree and fraudulent use of a credit card and sentenced to five years in prison. The ICA vacated Defendant's convictions and remanded the case. The Supreme Court vacated the ICA's judgment in part, holding (1) the ICA properly held that aggregation of multiple transactions under computer fraud in the third degree is permissible; and (2) the indictment was defective with respect to the count alleging computer fraud, and therefore, the denial of Defendant's motion to dismiss the indictment was error.
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