State v. Smith
Annotate this CaseAfter a jury trial, Defendant was found guilty of first-degree murder, first-degree assault, and two counts of armed criminal action. Defendant moved for a judgment of acquittal notwithstanding the jury’s verdict, asserting that convictions for first-degree murder and armed criminal action in connection with the murder, first-degree assault, and armed criminal action in connection with the assault violated double jeopardy. The circuit court partially granted this motion and acquitted Defendant of first-degree assault and the related armed criminal action conviction. Defendant appealed, and the State cross-appealed. The Supreme Court (1) reversed the circuit court’s judgment with respect to the assault and related armed criminal action and remanded for sentencing on the jury’s verdicts on those offenses, holding (a) the circuit court’s failure to accurately record that Defendant’s convictions resulted from trial rather than a plea of guilty was a clerical mistake that should be corrected, and (b) the circuit court erred in ruling that the murder and assault convictions violated double jeopardy; and (2) affirmed the judgment in all other respects.
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