State v. Johns

While agreeing with the dissent of Justice Huntley in the matter of two separate sentence enhancements, it is observed that both the majority and Justice Huntley overlook a very basic problem with the crimes themselves. Whether there is or is not a steady, indivisible course of conduct, the scenario does not bear out both a murder and a robbery.

The trial court correctly concluded that Johns’ conduct constituted two distinct crimes but the conclusion that one of these crimes is robbery is in error. The majority states: “It was only after Price had been mortally shot and stabbed, and after…