State v. Roberts
Annotate this CaseAfter a jury trial, Defendant was convicted of second-degree domestic assault and witness tampering. Defendant was sentenced to consecutive sentences of five years imprisonment for second-degree assault and two years for witness tampering. The Supreme Court vacated the judgment, holding (1) the trial court erred by refusing to submit Defendant’s proffered jury instruction on the lesser-included offense of domestic assault in the third degree; and (2) the trial court did not abuse its discretion in joining Defendant’s charges and overruling his motion for severance, as it is unlikely that joining the assault and witness tampering charges would confuse the jury or invite the jury to convict Defendant based on irrelevant evidence. Remanded.
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