State v. Tapia
Annotate this CaseA jury convicted Defendant of nonresidential burglary, theft, vehicular burglary, and conspiracy to commit nonresidential burglary. The court of appeals affirmed Defendant's convictions and sentences. The Supreme Court affirmed, holding (1) the State's error in its allegation of a specific overt act in furtherance of the conspiracy in Defendant's complaint did not constitute reversible error based on an argument of insufficient evidence; (2) the district court erred in denying Defendant's request for an accomplice jury instruction, but the error was harmless; (3) the use of Defendant's prior convictions in his criminal history score to enhance his sentences without requiring the history to be included in the complaint and proved to a jury beyond a reasonable doubt did not violate Defendant's constitutional rights; and (4) the district court did not violate Defendant's constitutional rights by sentencing him to the aggravated terms of incarceration within the applicable sentencing grid boxes for each of his convictions.
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