State v. Leahy

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State v. Leahy

Case Number
Call Date
August 30, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-1047 State v. John R. Leahy, III (Appellant)

Hitchcock County, Judge David W. Urbom

Attorneys: Sarah E. Marfisi (Attorney General’s Office) --- Richard Calkins (Appellant)

Criminal: Plea: Kidnapping; manslaughter; possession of methamphetamine with intent to deliver

Proceedings below: Pursuant to a plea agreement based on 2 different court cases, Appellant entered no contest pleas to the above charges. He was sentenced 24 to 30 years for kidnapping, 18 to 20 years for manslaughter, and 8-10 years for possession with intent to deliver. All sentences were ordered to be served consecutively. He was given credit of 294 days served for the kidnapping and manslaughter charges and 7 days credit for time served on the possession with intent to deliver.

Issues: 1. The District Court erred when it denied Appellant 533 days of credit for time served in the Hitchcock County jail. 2. The District Court erred when it received Exhibit 51 into evidence over Appellant’s objection. 3. The District Court erred when it imposed an excessive sentence upon Appellant by sentencing him to consecutive terms of imprisonment for each convicted charge.


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