Cited by

¶¶ 19-20 (App. 2000); see also Williams, (defendant cannot be convicted and sentenced for both felony murder and second-degree murder for death of one victim).

(“The jury could not have been surprised to hear that [the defendant] believed the officer was mistaken in his recollection of the events, .

¶ 13 (App. 2000) (holding that because the jury found the defendant guilty of felony murder, the jury’s “extra” guilty verdict on second degree murder as a lesser included offense of premeditated first degree murder was of no impact).

(“[T]here are no lesser-included offenses to felony murder.”).

¶ 9 (2013) ( ¶ 26 (App. 2000)).

Notwithstanding those arguments, “an illegal sentence can be reversed on appeal despite the lack of an objection.” ¶10, ( ); ¶ 18, (“Imposition of an illegal sentence constitutes fundamental error that may be reversed on appeal, despite the lack of an

Consistent with this court’s , we vacate Williams’ conviction and sentence for second-degree murder.

And “a trial court may rely on counsel’s waiver of a defendant’s right to be present” in certain circumstances; “personal waiver by the defendant is not required.” ¶ 26, (“Unless the circumstances are exceptional, a defendant is bound by his counsel’s waiver of his constitutional rights.” (citing Henry v. Mississippi

5 While Defendant concedes that he did not object below, “an illegal sentence may be reversed on appeal despite the lack of an objection.” ¶10

-41 (App.2002) (Although the defendant did not object in the trial court and his sentences did not exceed the legal máximums he would be eligible for had the correct ranges been used, the sentencing process "was fundamentally flawed” and constituted fundamental error because it used ranges not permitted absent proof the offenses were committed while the defendant was on parole.); ¶¶ 7-8, 10 , (In a case where the judge imposed a sentence for felony murder after the jury found the defendant guilt

-30, ¶¶ 2-8, -91, (App. 2000).

¶ 10 , (review denied Apr.