John and Jane were running a student loan scam. They were convicted of soliciting several students to

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John and Jane were running a student loan “scam.” They were convicted of soliciting several students to make false applications in exchange for a “cut” of the loan proceeds and also for aiding and abetting those same students in making false applications for loans. On appeal, they argue that the solicitation charges merged into their convictions for aiding and abetting the making of the false applications. The state responds that John and Jane were guilty of both crimes because the solicitation offenses were completed before John and Jane assisted the students in making the false applications. How should the appellate court rule on this appeal? Why?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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