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Appellate panel hears arguments over election on one count and trial courts consecutive-sentence findings in Bassett case
Summary
An appellate panel heard arguments in the appeal of Brandon Bassett focused on whether the state improperly failed to elect a single act for count 5, risking a non-unanimous jury verdict, and whether the trial court made adequate findings to justify consecutive sentences that produced a 30-year total term.
An appellate panel on Tuesday heard oral arguments in the appeal of Brandon Bassett, who was convicted in Montgomery County on five aggravated battery counts involving an 11-year-old victim. The arguments centered on whether the state was required toelect a single act for count 5 to avoid a non-unanimous verdict and whether the trial courtmade adequate findings to impose consecutive sentences that together total 30 years.
Appellate counsel Kendra Stivers Jones, appearing "from the appellate division of the public defender's conference," told the court that the defense raises two issues on appeal: "elections," specifically that the trial court erred when the state did not elect with regard to count 5 only, and the adequacy of findings supporting consecutive sentencing. Stivers Jones said the victim had documented alleged incidents on a cell phone and that…
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