State v. Betancourt-GarciaAnnotate this Case
After a jury trial, Defendant was convicted of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. The district court sentenced Defendant to life imprisonment for the kidnapping conviction and ten to thirty years for the use of a weapon to commit a felony conviction, to be served consecutively. The court sentenced Defendant to thirty to fifty years’ imprisonment on the conspiracy conviction, to be served concurrently with the other sentences. The Supreme Court affirmed in part and vacated in part, holding (1) the district court did not err in overruling Defendant’s motion to quash, in overruling Defendant’s motion for directed verdict, and in sentencing Defendant for kidnapping; (2) Defendant did not receive ineffective assistance of counsel; but (3) the trial court plainly erred in sentencing Defendant for the conspiracy conviction. Remanded with directions to resentence Defendant to life imprisonment for the conspiracy conviction.