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STATE v. KENT

No. 34153.

678 S.E.2d 26 (2009)

STATE of West Virginia, Plaintiff Below, Appellee, v. Gary Wayne KENT, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Joshua P. Sturm, Heidi M. Georgi Sturm, Fairmont, WV, James B. Zimarowski, Morgantown, WV, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, WV, for Appellee.

DAVIS, Justice.

In this criminal appeal, we are asked whether double jeopardy has been violated when a defendant, who has been charged with first-degree murder under alternative theories of premeditation and felony murder, is first convicted of premeditated murder with no jury finding as to felony murder, but, upon retrial following reversal of the conviction, is found guilty under the alternative theory of felony murder.

I.

FACTUAL AND PROCEDURAL...

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