State v. Wright

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Defendant was convicted of two counts of aggravated sexual assault and one count each of conspiracy to commit aggravated sexual assault in the first degree, conspiracy to commit kidnapping in the first degree, and assault in the third degree. The Appellate Court remanded the case to the trial court with direction to vacate the judgment as to two of the conspiracy counts and to render judgment on one of the conspiracy counts, concluding that Defendant’s sentence on all three conspiracy counts, which were based on a single agreement with multiple criminal objectives, violated the double jeopardy clause of the federal Constitution. Both Defendant and the State appealed. The Supreme Court affirmed, holding (1) the trial court erred in limiting Defendant’s ability to present evidence of the victim’s prior sexual conduct, but the error was harmless beyond a reasonable doubt; and (2) the Appellate Court correctly concluded that vacatur was the appropriate remedy for the double jeopardy violation. View "State v. Wright" on Justia Law