Hammond v. Commonwealth
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The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty-five years for first-degree robbery, reckless homicide, and tampering with evidence, holding that there was no error in Defendant’s sentencing proceedings.
Defendant was initially convicted for several convictions, including first-degree assault. Following the guilt phase of trial, Defendant waived jury sentencing and entered into a plea agreement as to sentencing. The trial court sentenced Defendant to twenty-five years in accordance with the agreement. On appeal, the Supreme Court reversed the first-degree assault conviction. On remand, the trial court again sentenced Defendant to twenty-five years. The Supreme Court affirmed the new sentence, holding (1) by entering a plea agreement, Defendant waived his right to jury sentencing; (2) the plea agreement constituted a contract between Defendant and the Commonwealth, but there were no ambiguities; and (3) the reversal of the assault conviction affected neither Defendant’s total sentence nor his parole eligibility.
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