v. People

Summary

The court held that the court of appeals could not replace Halaseh’s reversed class 3 felony theft conviction with four class 4 felony convictions because the aggregated theft offenses were not lesser included offenses and were not necessarily found by the jury. Entering those convictions would violate Halaseh’s constitutional right to a jury trial, regardless of the strength of the evidence. The court disapproved the remand order and directed the lower court to simply reverse the class 3 felony theft conviction.