New Hampshire v. Gibbs, Jr.Annotate this Case
Defendant Peter Gibbs appealed his convictions on two counts of criminal restraint and one count of being an armed career criminal. On appeal, Defendant argued that: (1) his right against double jeopardy was violated when he was twice convicted of a single criminal restraint; (2) his right to effective assistance of counsel was violated; and (3) there was insufficient evidence to find him guilty beyond a reasonable doubt of the crime of being an armed career criminal. Upon review, the Supreme Court concluded that the facts of this case demonstrated that the victim was continuously confined from the time he was tied in the basement until the point at which he was able to free himself and, therefore, the defendant engaged in only one episode of criminal restraint. Accordingly, one of the two criminal restraint convictions and sentences must be vacated. The Court vacated one count of Defendant's conviction, but affirmed in all other respects.