a final conviction is not necessary before an unrelated criminal offense can be admitted at sentencing because prior criminal activity is relevant to the continuing threat aggravating circumstance
How later courts described this case
- a final conviction is not necessary before an unrelated criminal offense can be admitted at sentencing because prior criminal activity is relevant to the continuing threat aggravating circumstance
- trial judge must apply a similar standard in ruling on a motion for directed verdict in the sentencing stage
- remanded on other grounds
Written by the judges who cited it.
The opinion
BUSSEY, Presiding Judge,
concurring in part and dissenting in part:
I agree that the judgment should be affirmed, but I do not believe the majority correctly construes the legislative intent of our statute as prohibiting the remanding of a case for a resentencing hearing, or for a new trial when the only error occurs during the sentencing stage.