State v. Langley
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The Supreme Court held that the habitual felon indictment returned against Defendant was not fatally defective, and therefore, the court of appeals erred in ordering that the judgment regarding the habitual conviction be vacated.
Defendant was charged with assault with a deadly weapon with the intent to kill, attempted first-degree murder, having attained habitual felon status, and other charges. The jury found Defendant guilty as charged. On appeal, Defendant argued that the habitual felon indictment that had been returned against him was facially defective. The court of appeals agreed and ordered that the case be remanded for resentencing on the underlying felonies without the habitual felon enhancement. The Supreme Court reversed, holding that the habitual felon indictment returned against defendant was not fatally defective.
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