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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law: Double Jeopardy – Robbery Charges – Effectiveness Of Counsel

Criminal Law: Double Jeopardy – Robbery Charges – Effectiveness Of Counsel

Where a defendant was charged and convicted of three counts of robbery, separating the robbery of the store manager for robbery of the store’s property and his own watch into two counts constituted double jeopardy, the failure of the defendant’s counsel to raise this objection was sufficiently serious that the outcome of the appeal would have been different, so the conviction is reversed and remanded for resentencing.

Judgment is reversed and remanded in part; affirmed in part.

State v. Bohlen (MLW No. 58757/Case No. ED46436-01 – 10 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, St. Louis County, Saitz, J. (Ellen H. Flottman for appellant) (Shaun J. Mackelprang and Dora A. Fichter, Jefferson City, for respondent).