State v. Weber

Summary

The court held that prior juvenile adjudications qualify as prior convictions under the Apprendi exception and therefore may be included in an offender-score calculation without a jury finding. It further held that, when two convictions constitute impermissible multiple punishments and neither is a lesser-included offense, the conviction carrying the lesser sentence is the lesser offense to vacate; here, that was attempted second degree murder. The court also held that prosecutorial misconduct occurred but was not sufficiently prejudicial, individually or cumulatively, to require a new trial.