McDonald v. State
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The Supreme Court summarily affirmed the opinion of the court of appeals dismissing in part, affirming in part, and reversing in part the judgment of the trial court in this criminal case but reversed the court of appeals' conclusion that remand for a new sentencing was unnecessary, holding that remand was necessary.
Defendant was convicted of several offenses for driving his vehicle while intoxicated with his three young grandchildren in the vehicle. On appeal, Defendant argued that his multiple convictions constituted double jeopardy and that the trial court erred in sentencing. The court of appeals remanded the case in part with instructions. The Supreme Court summarily affirmed with one exception, holding that, given the multiple irregularities in Defendant's sentence, remand for resentencing was appropriate.
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