State v. Wyatt
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The Supreme Court vacated Defendant's sentence for aggravated kidnapping and aggravated sexual assault and remanded with resentencing instructions to merge the two charges and affirmed his convictions, holding that Defendant's remaining claims of error were unavailing.
Specifically, the Supreme Court held (1) the district court did not err when it allowed a recording of Defendant's police interview to go back to the jury room during deliberations; (2) Defendant's trial counsel was not ineffective for agreeing to the jury instruction defining "attempt" or for failing to make an unfair prejudice objection to a jail officer's testimony; and (3) the trial court should have merged the charges of aggravated kidnapping and aggravated sexual assault because the same acts satisfied the elements of each charge.
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