Galloway v. Commonwealth
Annotate this CaseAppellant was convicted of rape in the first degree, sodomy in the first degree, and assault in the fourth degree, third offense. The trial in this case was trifurcated. During the first phase, the jury convicted Appellant of fourth-degree assault, and during the second phase, the jury convicted Appellant of fourth-degree assault, third offense based on two prior convictions of fourth-degree assault. The Supreme Court reversed the portion of the judgment convicting Appellant of fourth-degree assault, third offense, and vacated the corresponding sentence for that offense, holding that the evidence was insufficient to support the charge and that retrial for the charge was precluded under the double jeopardy clause of the Fifth Amendment. Because Appellant was not sentenced for the fourth-degree assault conviction, however, the case was remanded for sentencing for that conviction.
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