State v. Harris

BUTTLER, J.,

specially concurring.

While I agree with the court’s decision, I would not refuse to consider defendant’s contention that some of his convictions should be merged because the contentions were not raised in the trial court.

Whether certain convictions should be merged is solely a question of law which may be determined from the face of the record, and if we were to decide that the trial court erred in not merging certain convictions, the remedy is a simple one requiring modification of the judgment of conviction and resentencing. This result would obtain even if the question were…