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Criminal Practice – Sentencing – Death by Vehicle – Second-Degree Murder – Single Sentence – First Impression (access required)

State v. Davis. When a defendant's convictions for felony death by vehicle and second-degree murder arise out of the same conduct, he may be punished only for second-degree murder and not for felony death by vehicle. Also, when a defendant's convictions for felony serious injury by vehicle and assault with a deadly weapon inflicting serious injury (ADWISI) arise out of the same conduct, he may be punished only for ADWISI. We reverse the Court of Appeals' decision to the contrary and remand for re-sentencing.

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