State v. Oglesby
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The Supreme Court modified and affirmed the decision of the court of appeals affirming an order of the superior court resentencing Defendant on his first-degree murder conviction to life with the possibility of parole after twenty-five years and running his first-degree kidnapping sentence consecutively with his murder sentence, holding that Defendant failed to show prejudice.
Defendant filed a motion for appropriate relief seeking sentencing under Miller v. Alabama, 567 U.S. 460 (2012). The trial court allowed the motion and resentenced Defendant. On appeal, the court of appeals rejected Defendant's claim that he received ineffective assistance of counsel at sentencing. The Supreme Court affirmed as modified, holding (1) the reasoning below is rejected to the extent it incorrectly suggested that the resentencing court lacked authority to run Defendant's first-degree murder sentence concurrently with his robbery with a dangerous weapon sentences; and (2) the court of appeals correctly concluded that Defendant could not demonstrate prejudice.
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