State v. Lee

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Defendant was convicted of conspiracy to make a false statement in the second degree and conspiracy to fabricate physical evidence, arising from a single unlawful agreement. The Appellate Court remanded the case to the trial court with direction to merge the conspiracy to make a false statement in the second degree conviction into the conspiracy to fabricate physical evidence conviction and to resentence Defendant, concluding that Defendant’s conviction of both conspiracy counts on the basis of a single unlawful agreement violated the constitutional prohibition against double jeopardy. The Supreme Court reversed in part, holding (1) the Appellate Court properly applied binding precedent and remanded Defendant’s case with direction to merge the two conspiracy convictions; but (2) in light of the Court’s subsequent decisions, Defendant is entitled to have his conviction of conspiracy to make a false statement in the second degree vacated. Remanded. View "State v. Lee" on Justia Law