People v. Mabry

(Court opinion corrected 5/22/13.) Defendant, then age 18, was convicted of shooting death of store owner, and found guilty of first degree murder and armed robbery. Trial court erred in ordering Defendant to serve 75 years (for murder) and 30 years (for armed robbery) concurrently, as Defendant was subject to mandatory consecutive sentences. Thus, sentences were void, and appellate court vacated sentences and remanded for imposition of consecutive sentences. Court asked questions of venire sufficient to have disclosed prejudice or bias as to police officer credibility. No plain error in submitting a general verdict form for first degree murder, as evidence of intentional murder was not closely balanced. (TOOMIN and FITZGERALD SMITH, concurring.)