Missouri v. Hunter – charged on both “armed criminal action” and first degree robbery (the underlying felony)
held: D was subjected to only ONE TRIAL, so ok
C says odd conclusion to multiple convictions
***Where one trial: Defer to intent of legislature – if then it is unclear, look to Blockberger; most legislatures do not specify legislative intent
Blockberger – precludes multiple convictions in the same trial; armed criminal action and any underlying offense are the “same offense” under the 5A’s DJ clause; no successive prosecutions for the same criminal act or transaction under two criminal statutes whenever each statute dues not “require proof of a fact which the other does not”
No DJ problem if each crime has an element/fact that the other does not
If one is subsumed in the other, there is DJ
Ex. prosecuted for felony murder, then can’t independently be prosecuted for the kidnapping
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