State v. Vargas
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The Supreme Court affirmed in part and reversed in part the portion of the judgment of the court of appeals reversing one of Defendant's two alternatively charged convictions for fleeing or attempting to elude a law enforcement officer, holding that the panel overstepped its discretion by dictating that the second conviction must be reversed.
The State charged Defendant with two alternative counts of fleeing or attempting to elude an officer. The jury returned guilty verdicts on both counts, and Defendant was convicted accordingly. At sentencing, the State suggested that the district court could hold count two in abeyance and sentence Defendant on count one. The district court agreed. On appeal, the court of appeals concluded that the district court lacked authority to enter both convictions and had no authority to hold one conviction in abeyance. The court then reversed Defendant's second conviction. The Supreme Court affirmed in part and reversed in part and remanded the case, holding that the guilty verdicts on alternative counts charging the same crime merge by operation of law to result in a single conviction for fleeing or attempting to elude law enforcement.
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