State v. KidderAnnotate this Case
The Supreme Court vacated Defendant’s sentence imposed on his conviction for use of a deadly weapon to commit a felony and affirmed his convictions for first degree murder and use of a deadly weapon to commit a felony.
After a jury found Defendant guilty, the district court imposed a sentence of life imprisonment on the murder count. On the second count, the court initially imposed a consecutive prison sentence of fifty to fifty years but, after a sidebar conference requested by defense counsel, reduced the term to twenty to twenty years. The Supreme Court held (1) as to Defendant’s assignments of error, any error was harmless; and (2) there was plain error in the sentence imposed on the second count because the trial court’s initial sentence was validly imposed and took effect as soon as it was pronounced, and therefore, the court’s subsequent reduction of the term of imprisonment was a nullity.