State v. Chase
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The Supreme Judicial Court affirmed Defendant's conviction for aggravated assault, robbery, domestic violence assault, domestic violence criminal threatening, and theft by unauthorized taking or transfer but reversed his sentence, holding that the trial court erred by failing to merge duplicative counts.
The Supreme Judicial Court remanded this case for resentencing, holding (1) the trial court did not err in failing to give a specific unanimity instruction in addition to the given general unanimity instruction; (2) the trial court erred in failing to merge the duplicative counts of theft by unauthorized taking or transfer and robbery, resulting in a double-jeopardy violation; and (3) the trial court's reliance on Defendant's decision to seek a trial as an aggravating factor in his sentence was unconstitutional.
The court issued a subsequent related opinion or order on May 25, 2023.
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