Sweets v. State

After a jury trial, Appellant was convicted of one count of obtaining property by false pretenses and one count of wrongful disposing of that property. Appellant was sentenced to terms of imprisonment on each count, to be served consecutively. On appeal, Appellant contended, among other things, that the two criminal counts should have merged for purposes of sentencing. The Supreme Court affirmed, holding (1) the "same elements" test shall henceforth serve as the sole test for evaluating sentencing merger questions, and the "same facts or evidence test" is overruled; (2) sufficient evidence supported Appellant's conviction for obtaining property by false pretenses; and (3) the district court did not err in denying Appellant's motion to merge sentences. View "Sweets v. State" on Justia Law