State v. Kangbateh
Annotate this CaseAppellant was found guilty of second-degree murder for the benefit of a gang, attempted second-degree murder, second-degree assault for the benefit of a gang, and second-degree assault. The court of appeals reversed Appellant’s convictions of attempted second-degree murder for the benefit of a gang and second-degree assault for the benefit of a gang. On remand, the district court imposed a 165-month prison sentence for Appellant’s conviction of the lesser-included offense of attempted second-degree murder. On appeal, Appellant argued that because the district court originally imposed a 165-month sentence for his conviction of attempted second-degree murder for the benefit of a gang, the court abused its discretion by imposing the same sentence for his conviction of attempted second-degree murder. The court of appeals affirmed, concluding that the sentence imposed on remand did not violate the public policy and fairness concerns articulated in State v. Prudhomme. The Supreme Court affirmed, holding that Appellant’s sentence was not in error because the record did not support Appellant’s assertion that the district court imposed a greater sentence on remand following his successful appeal of his conviction of attempted second-degree murder for the benefit of a gang.
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