State v. Breedlove
Annotate this CaseDefendant was convicted of felony murder, aggravated robbery, and four counts of aggravated assault. Defendant was seventeen years old at the time of the crimes. Defendant filed a motion to correct an illegal sentence, alleging that the district court lacked jurisdiction over his prosecution as an adult because he was not initially charged in juvenile court and the State never obtained authorization to prosecute him as an adult. The Supreme Court reversed Defendant's convictions for lack of jurisdiction. Thereafter, Defendant was convicted of first-degree murder in a new trial. The Supreme Court affirmed the conviction, holding, inter alia, (1) Defendant did not demonstrate he was denied his right to a speedy trial; (2) the district court did not err in allowing into evidence statements made at the previous trial because vacating the earlier trial did not render the sworn testimony from that trial void, did not remove the constitutional protections in place at that trial, and did not change the credibility of the testimony; and (3) the prosecutor did not engage in misconduct during closing arguments.
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