State v. Price
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The Supreme Court affirmed Defendant's convictions and sentences for aiding and abetting robbery and for aiding and abetting first degree assault, holding that Defendant's assignments of error were either without merit or could not be considered in this appeal.
Defendant was convicted in a second jury trial after his first trial ended in a deadlocked jury and a mistrial was declared. On appeal, Defendant argued that the district court erred in the first trial by failing to ask the jury whether it was deadlocked on each count and when it overruled Defendant's plea in bar filed after the declaration of a mistrial and before the second trial. Defendant further claimed that in the second trial, (1) the trial court abused its discretion when it denied Defendant's motion for a new trial, (2) the State committed prosecutorial misconduct during closing argument, (3) counsel was ineffective, (4) there was insufficient evidence to support the conviction, and (5) the trial court imposed excessive sentences. The Supreme Court affirmed, holding that some of Defendant's allegations of error could not be considered in this appeal and that, as to the remaining allegations, the district court did not err or abuse its discretion.
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