Kiper v. Commonwealth
Annotate this CaseAppellant appealed from a judgment of the circuit court convicting him of attempted murder, two counts of first-degree assault, one count of first-degree wanton endangerment, and of being a first-degree persistent felony offender. The Supreme Court reversed Appellant's conviction for first-degree assault, holding (1) in light of the particular facts of this case, Appellant's convictions for both attempted murder and first-degree assault for the same shooting resulted in a double jeopardy violation; and (2) none of Appellant's remaining arguments alleging prosecutorial misconduct established reversible error. Remanded for entry of a new judgment that excluded the reversed conviction.
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