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State v. James

Supreme Court of Utah
May 19, 1981
631 P.2d 854 (Utah 1981)

Summary

holding double jeopardy does not prevent multiple convictions for multiple offenses arising out of single criminal episode

Summary of this case from State v. Strader

Opinion

No. 17327.

May 19, 1981.

Appeal from the Second District Court, Davis County, J. Duffy Palmer, J.

Loren D. Martin, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Michael D. Smith, Salt Lake City, for plaintiff and respondent.


Defendant and another held five customers hostage overnight after being confronted by police during the commission of an armed robbery of a drugstore located in Layton, Utah.

Defendant was charged and convicted by a jury of aggravated robbery and five counts of aggravated kidnapping. He appeals only the kidnapping convictions, contending that his actions constituted a single criminal act, hence his constitutional right not to be twice placed in jeopardy for the same offense was violated. We deem his contention to be without merit.

In violation of U.C.A., 1953, 76-6-302.

In violation of U.C.A., 1953, 76-5-302.

As provided in Article 1, Section 12, Constitution of Utah; also in Amendment V, Constitution of the United States.

Defendant's characterization of his crime as a "single criminal action taken against five persons as a group" is simply not accurate. Accurately stated, the five kidnappings constituted separate offenses arising out of a single criminal episode, and the law specifically provides that the defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode.

U.C.A., 1953, 76-1-402(1).

A fundamental purpose of the criminal law is to protect individual citizens from the criminal conduct of another. In crimes against the person (as contrasted with crimes against property), a single criminal act or episode may constitute as many offenses as there are victims. This principle has been explained as follows:

See Handbook on Criminal Law, LaFave and Scott (1972), pp. 9, 21.

Goodman v. State, Wyo., 601 P.2d 178 (1979), citing Vigil v. State, Wyo., 563 P.2d 1344 (1977), which contains an excellent summary of the cases. See also, State v. Standrod, Utah, 547 P.2d 215 (1976); State v. Gilbert, 281 Or. 101, 574 P.2d 313 (1978); People v. Wieckert, 191 Colo. 511, 554 P.2d 688 (1976).

A defendant who commits an act of violence with the intent to harm more than one person or by a means likely to cause harm to several persons is more culpable than a defendant who harms only one person. For example, a defendant who chooses a means of murder that places a planeload of passengers in danger, or results in injury to many persons, is properly subject to greater punishment than a defendant who chooses a means that harms only a single person. This distinction between an act of violence against the person that violates more than one statute and such an act that harms more than one person is well settled.

Neal v. State, 55 Cal.2d 11, 20, 9 Cal.Rptr. 607, 612, 357 P.2d 839, 844 (1960), cert. den. 365 U.S. 823, 81 S.Ct. 708, 5 L.Ed.2d 700 (1961).

That this general proposition is to apply to cases of aggravated kidnapping is made abundantly clear by the statute itself, which speaks in terms of the singular victim. Defendant in the instant case therefore committed an offense against each of his hostages. Consequently, double jeopardy provisions do not apply.

Supra, footnote 2.

In North Carolina v. Pearce, the United States Supreme Court noted that the three protections afforded by the double jeopardy clause are as follows:

It protects against a second prosecution for the same offense after acquittal. It protects against a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense. [Emphasis added; citations omitted.]

Id. at p. 717, 89 S.Ct. at p. 2076.

Double jeopardy therefore does not prevent multiple convictions for multiple offenses arising from a single criminal episode. Likewise, offenses committed against multiple victims are not the same, for double jeopardy purposes even though they may arise from the same criminal episode.

State v. Eichler, Utah, 584 P.2d 861 (1978).

Clay v. State, Okla. Cr. 593 P.2d 509 (1979).

Affirmed.

MAUGHAN, C.J., and STEWART, HOWE and OAKS, JJ., concur.


Summaries of

State v. James

Supreme Court of Utah
May 19, 1981
631 P.2d 854 (Utah 1981)

holding double jeopardy does not prevent multiple convictions for multiple offenses arising out of single criminal episode

Summary of this case from State v. Strader

holding five people captive is five kidnapings

Summary of this case from Scott v. State

In James, the Utah Supreme Court held that offenses committed against multiple victims are not the same for double jeopardy purposes.

Summary of this case from State v. Mane
Case details for

State v. James

Case Details

Full title:STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. SAMUEL JAMES, DEFENDANT AND…

Court:Supreme Court of Utah

Date published: May 19, 1981

Citations

631 P.2d 854 (Utah 1981)

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