State v. Rogers
Annotate this CaseIn two separate cases, Defendant pleaded guilty to several counts of receiving stolen property. Defendant appealed, arguing for the first time that some of his convictions should have been merged for sentencing. The appellate court concluded that the trial court had committed plain error by failing to inquire into or address the question of whether the trial court erred in imposing sentences for allied offenses of similar import. Specifically, the court of appeals concluded that a trial court has a duty to inquire about allied offenses if the defense fails to raise it at sentencing. The Supreme Court reversed, holding (1) a defendant’s failure to raise the issue of allied offenses of similar import in the trial court forfeits all but plain error; (2) unless a defendant shows a reasonable probability that the convictions are for allied offenses of similar import committed with the same conduct and without a separate animus, he cannot demonstrate that the trial court’s failure to inquire whether the convictions merge for purposes of sentencing was plain error; and (3) because Defendant failed to object to his sentences in the trial court, he forfeited appellate review of the argument that he had been sentenced for allied offenses of similar import, and Defendant’s claim that the trial court committed plain error failed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.