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Appeals decision to lessen prison time for Des Moines man convicted in 2012 robbery, shooting
Trish Mehaffey Sep. 17, 2014 12:46 pm, Updated: Sep. 17, 2014 2:01 pm
DES MOINES - A 27-year-old Des Moines man will be resentenced for his part in the shooting and robbery of two Kirkwood Court residents in 2012, according to an Iowa Court of Appeals ruling Wednesday.
Teran Huff, who was sentenced up to 55 years in prison last year, argued in his appeal the he couldn't be convicted and sentenced for both the first-degree robbery and conspiracy to commit first-degree robbery.
According to the appeal, the sentences should have been merged and not ran consecutively by the District Court. According to case law, Huff could be charged separately for the robbery and conspiracy but can't be convicted of both.
The court partially reverses and vacates his judgment and sentence and sent it back to the District Court for sentencing on only the first-degree robbery offense.
Huff also challenged being ordered to pay costs on two dismissed charges, but the state conceded it was in error and the appeals court vacated that part of the sentencing order.
Huff pleaded guilty to first-degree robbery, two counts of willful injury causing serious injury, conspiracy to commit a forcible felony, going armed with intent and possession of a firearm as a felon. He was originally charged with two counts of attempted murder but those charges were dismissed as part of the plea agreement.
Huff, along with two others charged in the crime, went to the apartment of Shannon Gaskins, 23, and Alexander White, 24, April 20, 2012 to robbed the couple and Huff shot both Gaskins and White during the incident.
The gunshot severed Gaskins' spinal cord and she is paralyzed and confined to a wheelchair. Doctors told her she will never walk again, according to trial testimony.
Raymond Sellers, 24, of Chicago, also charged in the case was convicted by a jury of two counts of willful injury causing serious injury, two counts of assault with intent to inflict serious injury and one count of simple assault in May. He was sentenced to 20 years in prison.
The third defendant, Shantres Johnson, 22, of Cedar Rapids, was sentenced last month to lesser charges of conspiracy to commit a forcible felony and willful injury as an aider and abettor/joint participant. She also had a violation of probation from a previous conviction of false use of a credit card and was sentenced to 15 years in prison.
Gavel. (MGN)

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