STATE v. GREENE

No. 23063.

473 S.E.2d 921 (1996)

196 W.Va. 500

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert Lee GREENE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1996.


Attorney(s) appearing for the Case

R. Lee Booten, II, Huntington, for Appellant.

Dawn E. Warfield, Deputy Attorney General, Charleston, for Appellee.


ALBRIGHT, Justice.

Robert L. Greene, defendant below and appellant, appeals an order of the Circuit Court of Cabell County, which denied his motion to vacate his sentence and dismiss his indictment. The circuit court ruled that the civil forfeiture of appellant's property, followed by a criminal indictment and conviction that arose from the same conduct, did not constitute double jeopardy. We agree. Based upon a recent decision of the United States Supreme Court,...

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