State v. Johnson

We decide whether the convictions for one or all predicate felonies merge for sentencing purposes with a felony murder conviction 1 where a defendant is convicted of felony murder and multiple predicate felonies.

We hold that, where a defendant is convicted of felony murder and multiple predicate felonies, only one predicate felony conviction merges for sentencing purposes with the felony murder conviction; and, absent an unambiguous designation that the trier of fact intended a specific felony to serve as the predicate felony, the conviction for the felony with the greatest maximum sentence…