State v. Bailey
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The Supreme Court reversed the judgment of the court of appeals reversing Defendant's sentences in connection with his conviction for robbery, kidnapping, abduction and rape, holding that the plain error doctrine was not properly applied by the court of appeals.
Defendant was convicted following a jury trial. For purposes of sentencing, the trial court merged the abduction and kidnapping counts but concluded that the kidnapping and rape counts did not merge. Defendant did not object at sentencing to the trial court's failure to merge the kidnapping and rape counts. The court of appeals reversed, concluding that the trial court committed plain error by failing to merge the kidnapping and rape counts, which were allied offenses of similar import.
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