Kerr was convicted of aggravated assault and possession of a dangerous weapon by a restricted person, as well as a dangerous weapon penalty enhancement. Kerr appealed. On appeal, Kerr argued that the dangerous weapon sentence enhancements into his sentences for aggravated assault and possession of a dangerous weapon. The Appellate Court affirmed, finding that the dangerous weapon is an enhancement and not a separate crime, and that the two charges do not merge, and that one is not a lesser included offense of the other.
Full Decision available at http://www.utcourts.gov/opinions/appopin/kerr_FORPUB030410.pdf
Full Decision available at http://www.utcourts.gov/opinions/appopin/kerr_FORPUB030410.pdf
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