Nicklie v. State

OPINION

Judge ALLARD.

A jury found Robert Dee Nicklie guilty of third-degree and fourth-degree assault based on evidence that he beat up and strangled his girlfriend. At sentencing, both the prosecutor and the defense attorney agreed that the jury’s verdicts on these two counts should merge into a single conviction for third-degree assault (the more serious crime). The judge agreed with the parties, and he imposed only one sentence on Nicklie—a sentence for third-degree assault.

However, the judgment form that was prepared following the sentencing hearing declares that Nicklie was “convicted” of…