State v. Sprung
Annotate this CaseBryan Sprung was convicted by a jury of one count of aggravated criminal sodomy, two counts of aggravated indecent liberties with a child, and one count of criminal threat. The court of appeals affirmed. The Supreme Court affirmed in part and reversed in part, holding (1) Sprung's aggravated indecent liberties convictions were multiplicitous because the charges arose from the same act or transaction, and the plain language of the charging statute provided only one unit of prosecution rather than two; (2) the State demonstrated beyond a reasonable doubt that the prosecutor's statements regarding the credibility of the victim, Sprung's expert witness, and Sprung's investigator, even if improper, did not affect the outcome of the trial in light of the entire record; (3) the district court did not abuse its discretion in denying Sprung's motion to compel a psychological examination of the victim; and (4) the court of appeals correctly dismissed Sprung's sentencing claim for lack of jurisdiction. The Court reversed one of Sprung's aggravated indecent liberties convictions and vacated Sprung's sentence in part.
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