State v. Jones
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The Supreme Court reversed two of Defendant's convictions and reversed the court of appeals' decision to reverse two more of Defendant's convictions, holding that clearly erroneous jury instructions required reversal in part.
Defendant was convicted of sexual exploitation of a child. Counts two and four, describing the possession of illicit materials, were charged in the alternative to counts one and three, describing "promoting any performance." The district court sentenced Defendant as an aggravated habitual sex offender to life in prison without the possibility of parole but did not impose sentence on the two counts charged in the alternative. The court of appeals reversed two of Defendant's convictions on the basis that they were charged in the alternative and determined that Defendant should have been sentenced as a persistent sex offender. The Supreme Court reversed in part, holding (1) the district court did not err in permitting evidence of Defendant's prior convictions; and (2) asserted errors in the language of the jury instructions pertaining to Defendant's convictions in counts one and three were not harmless.
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