Harte v. State
Annotate this CaseDefendant was convicted of first degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon. Defendant was sentenced to death for felony murder. Defendant's two codefendants were also convicted on the same charges but received life sentences without the possibility of parole. The court previously held in Flanagan v. State that a district court does not abuse its discretion when it allows evidence of the codefendants' sentences. The court reaffirmed its holding in Flanagan, concluding, specifically, that the district court has discretion to admit evidence of a codefendant's sentence in a first-degree murder sentencing hearing. The court further concluded that defendant's challenge to the district court's ruling allowing the State to argue twice during closing arguments at the penalty hearing lacks merit. Defendant's contention that his sentence is excessive also lacks merit. Accordingly, the court affirmed the sentence.
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