8 results for 'cat:"Theft" AND cat:"Double Jeopardy"'.
J. Murphy finds the trial court properly convicted defendant for robbery, theft of a firearm and firearm possession by a felon, sentencing him as a habitual offender to 40 years in prison. The high crime-area church pastor testified defendant, who he had cared for, allowing him use of a shower and providing him with clothes, pushed him to the ground and stole his gun. Though defendant says the court lacked subject matter jurisdiction to enter sentences on robbery and theft because theft is a lesser-included offense of robbery, this double jeopardy argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: May 1, 2024, Case #: CR-23-285, Categories: Robbery, theft, double Jeopardy
Per curiam, the appeals court finds the lower court improperly convicted defendant for grand theft of a firearm, but properly convicted him for several counts of burglary and grand theft. Defendant argues his double jeopardy rights were violated in light of a separate conviction for motor vehicle grand theft; the court agrees with defendant as to the double jeopardy claim, so his grand theft of a firearm conviction shall be vacated. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 16, 2024, Case #: 6D23-653, Categories: Sentencing, theft, double Jeopardy
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J. Alito finds that the court of appeal properly vacated defendant's conviction for theft of trade secrets on grounds of improper venue and properly determined double jeopardy did not occur in re-prosecuting defendant. Affirmed.
Court: US Supreme Court, Judge: Alito, Filed On: June 15, 2023, Case #: 21-1576, Categories: theft, double Jeopardy
J. Osterhaus finds that the trial court properly convicted defendant of both grand theft of an automobile and petit theft of tools that had been in the automobile. Double jeopardy had not been violated since the events concerned different circumstances, and the items had been owned by separate victims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: June 7, 2023, Case #: 1D22-513, Categories: theft, double Jeopardy