State v. Choate

OPINION

LIVERMORE, Presiding Judge.

Defendant was convicted of second degree murder and aggravated assault. Those convictions, and the sentence for aggravated assault, were affirmed by this court in a memorandum decision. However, the dangerous-nature sentence for second degree murder was vacated because that issue had not been submitted to the jury and the allegations of the charge did not implicitly require such a finding. The matter was remanded for resentencing on the second degree murder count. On remand, the trial judge ordered a new jury impanelled to try the dangerous-nature allegation.…