State v. McGilton (Signed Opinion)
Annotate this CasePetitioner Brent McGilton was convicted by a jury of three counts of malicious assault against his wife, Angela McGilton. Petitioner appealed, arguing that the circuit court violated his double jeopardy protections by sentencing him for three counts of malicious assault for three wounds caused during the same course of conduct. Petitioner was sentenced to two to ten years on the first count of malicious assault, two to ten years on the second count of malicious assault, and four to ten years on the third count of malicious assault. The Supreme Court affirmed, holding that Petitioner's double jeopardy rights were not violated for his three separate malicious assault convictions, as a defendant may be convicted of multiple offenses of malicious assault under W. Va. Code 61-2-9(a) against the same victim even when the offenses were a part of the same course of conduct as long as the facts demonstrate separate and distinct violations of the statute.
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