Cronce v. State

OPINION

BOLGER, Judge.

Christopher E. Cronce was convicted of assault in the second degree1 and assault in the third degree2 based on an incident when he attacked a man named Michael Wims. Superior Court Judge John E. Suddock imposed separate convictions and sentences for these two offenses. We conclude that these separate statutory violations must merge because, under the facts of this case, there was no difference in conduct or intent sufficient to warrant multiple punishments. We there*569fore vacate the separate conviction for third-degree assault.

Background

Cronce confronted Michael Wims as…