State v. Galloway
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The Supreme Court affirmed Defendant's sentence in part and vacated it in part, holding that the trial judge did not abuse his discretion by imposing a hard fifty life sentence for premeditated murder, but the judge lacked statutory authority to change the concurrent nature of the sentences upon remand for resentencing.
After a jury trial, Defendant was convicted of one count each of premeditated first-degree murder, arson, and interference with law enforcement. On appeal, the Supreme Court vacated Defendant's hard fifty life sentence for premeditated murder. On remand, the judge again imposed a hard fifty life sentence for premeditated murder. Even though the Supreme Court had not vacated Defendant's sentences for arson and interference with law enforcement the judge reimposed the same terms of imprisonment for those convictions but ran the sentences consecutive to each other and to the hard fifty life sentence, rather than concurrently with each other, as ordered by the first judge. The Supreme Court vacated the sentence in part and remanded the case for resentencing, holding that the district court exceeded its statutory authority in changing Defendant's sentences for arson and interference with law enforcement from concurrent to consecutive sentences.
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