State v. Hamilton

The Supreme Court affirmed the judgment of the district court sentencing Defendant to 100 years imprisonment with seventy-five years suspended and twenty-five years of parole ineligibility on each count of two counts of incest but reversed and remanded for the district court to correct the written judgment to indicate that the sentences will run concurrently.The Supreme Court held (1) Defendant waived his statutory vagueness claims by failing to raise them before trial; (2) Defendant’s sentence was not illegal, and the district court’s underlying factual findings supporting the sentence and its decision not to apply an exception were not clearly erroneous; and (3) the district court erred when it issued a written judgment that conflicted with its oral pronouncement of the sentence. View "State v. Hamilton" on Justia Law