State v. Hurt

BRADY, Justice.

This matter is before the Court oh (1) the State’s direct appeal of the decision of the Court of Appeals vacating defendant’s sentence and remanding defendant’s case to the trial court for resentencing, and (2) defendant’s motion for appropriate relief filed in this Court on 25 June 2004, during the pendency of the State’s appeal. Regarding the State’s direct appeal, this Court must determine whether the fact that a criminal “defendant joined with one other person in committing the offense and was not charged with committing a conspiracy for robbery of [the] victim” is a proper…