Ordway v. Commonwealth
Annotate this CaseAppellant Larry Ordway was charged with crimes relating to a string of robberies, burglaries, and thefts occurring at, inter alia, a convenience store, a mini storage facility, and a sports equipment retailer. Appellant was convicted of three counts of robbery in the first degree, ten counts of burglary in the third degree, six counts of theft by unlawful taking over $300, and receiving stolen property over $300. The Supreme Court (1) reversed nine burglary convictions arising from the mini storage facility because each of the nine instructions were identical and in no way differentiated one count from another, thus depriving Appellant of a unanimous verdict and adequate appellate remedy; (2) vacated one of Appellant's convictions for theft by unlawful taking over $300 because Appellant was convicted of two thefts arising from a single offense, thus implicating the Double Jeopardy Clause; and (3) otherwise affirmed.
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