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Tag Archives: Aggravating Factor

Criminal Practice – DWI – Sentencing – Aggravating Factor — $1,000 Damage – Blakeley – Harmless Error – Restitution

State v. Wood Even though the trial court should have allowed the jury to decide the aggravating-factor issue of whether defendant’s negligence led to an accident causing more than $1,000 in property damage, the voir dire testimony of the victim of that accident clearly established that the damage to his vehicle could be repaired for approximately $1,600. The trial court’s error was harmless beyond a reasonable doubt.

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Criminal Practice – Second-Degree Murder – Jury Instructions – Felony Murder – Child Abuse – Sentencing – Aggravating Factor

State v. Barrow Since the state’s evidence would have permitted the jury to find that defendant did not use a deadly weapon but still killed the five-month-old victim with malice, the trial court properly instructed the jury on the offense of second-degree murder. We find no error in defendant’s conviction of second-degree murder, but we remand for re-sentencing.

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Criminal Practice – DWI – Evidence – DWLR – Motion to Suppress – Aggravating Factor – Stipulation

State v. Presley Although defense counsel successfully moved to dismiss the driving while license revoked (DWLR) charge against defendant, counsel did not move to suppress evidence regarding the DWLR charge for which the officer stopped defendant, leading to the driving while impaired charge against her. Defendant has waived her right to appeal the denial of any intended motion to suppress evidence of driving while license revoked. We find no error in defendant’s DWI conviction. We remand for correction of a clerical error.

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