State v. Fields
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The Supreme Court held that Defendant could not be separately convicted and punished for the offenses of both habitual misdemeanor assault and felony assault inflicting serious bodily injury stemming from the same act.
After a jury trial, Defendant was found guilty of habitual misdemeanor assault and felony assault. The court of appeals vacated the trial court's judgment on the offense of habitual misdemeanor assault, holding that the trial court erred in entering judgment and sentencing Defendant for both habitual misdemeanor assault and felony assault given that both offenses arose from the same act. The Supreme Court affirmed as modified, holding that (1) Defendant could not be separately convicted and punished for both misdemeanor assault and felony assault based on the same conduct; but (2) Defendant's conviction for habitual misdemeanor assault should have been arrested rather than vacated.
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