Darnell Nolleyv.The State
A jury convicted Darnell Nolley of attempted armed robbery and multiple Street Gang Act offenses based on his direction of a gang-related robbery. The Court of Appeals held that the evidence supported the gang convictions except count 18, which it reversed for lack of venue, and rejected Nolley’s argument that all gang counts merged into count 11. It vacated counts 8 and 11 because they depended on an aggravated-assault conviction that had merged into attempted armed robbery, and vacated count 9 because counts 7 and 9 charged one offense based on intent to increase or maintain gang status. The court affirmed count 7 and the remaining convictions, and remanded for resentencing on the vacated counts.
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