State v. Pehringer
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The Supreme Court affirmed in part and reversed in part the judgment of the district court adjudging Defendant guilty of five offenses, holding that the district court lacked jurisdiction over counts one, four, and five, and therefore, Defendant's convictions on those counts were improper.
Defendant was adjudged guilty of misdemeanor assault (count one), felony assault on a peace officer or judicial officer (count two) and three counts of misdemeanor assault with a bodily fluid (counts three, four, and five). Defendant pled guilty to the misdemeanor charges and was found guilty by a jury on the felony charge. The Supreme Court reversed in part, holding (1) the district court erred by retaining jurisdiction over counts one, four and five; and (2) remand was required for the district court to amend the charge imposed with the sentence for count two from $200 to $20 and for count three from $20 to $15.
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