Tuesday, April 20, 2010

Enhancements to Criminal Charges Do Not Merge Into the Principal Crime

Utah v. Kerr, 2010 UT App. 50, (Utah Court of Appeals, March 4, 2010).

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

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