State v. McGilton
229 W. Va. 554
W. Va.2012Background
- Victor McGilton was convicted by a jury of three counts of malicious assault against his wife for wounds inflicted in a single November 22, 2009 incident.
- The circuit court sentenced him to two to ten years on Counts 1 and 2 and four to ten years on Count 3; one count had its minimum doubled due to a prior conviction.
- McGilton argued the sentences violated double jeopardy by punishing him for three wounds from the same episode.
- During trial, one related count of assault during the commission of a felony was dismissed on double jeopardy grounds; the case proceeded on three malicious assault counts.
- Prior to sentencing, a recidivist finding led to the enhanced sentence on one count; the petitioner appealed the conviction and sentence.
- The Supreme Court of West Virginia affirmed, holding multiple convictions under W.Va. Code § 61-2-9(a) are permissible if the legislature intended separate units of prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of double jeopardy claim | McGilton waived the issue by not raising it below. | Plain error and Rule 35(a) allow raising it post-trial. | Waived; no reversible plain error found. |
| Whether three malicious assault convictions violate double jeopardy | Three wounds from a single episode should yield one count. | Multiple offenses under the same statute are permitted if the legislature intended separate acts. | Permissible; multiple convictions upheld where separate acts meet statutory elements. |
| Unit of prosecution under W.Va. Code § 61-2-9(a) | Statute supports only a single unit of prosecution per stabbing. | Statute permits separate units for distinct wounds with intent to maim/disfigure/kill. | Legislature-intended unit of prosecution supports multiple offenses; Blockburger generally not controlling here. |
Key Cases Cited
- State v. Sears, 196 W.Va. 71 (1996) (de novo review of double jeopardy claims; multiple punishments related to legislative intent)
- State v. Gill, 187 W.Va. 136 (1992) (no double jeopardy for same offense after conviction; considers cumulative punishments)
- State v. Green, 207 W.Va. 530 (2000) (unit of prosecution under a single statute; Blockburger inapplicable for single-statute charges)
- State v. Rummer, 189 W.Va. 369 (1993) (waiver and double jeopardy; distinguishes from multi-count single-statute cases)
- State v. Collins, 174 W.Va. 767 (1984) (limits on multiple convictions for attempted robbery; discusses multiple offenses in single incident)
- State v. Myers, 229 W.Va. 238 (2012) (multiple robberies with separate victims not violating double jeopardy; separate acts permitted)
- State v. Penwell, 199 W.Va. 111 (1996) (assault during commission of a felony as an enhanced offense; legislative intent prefaced analysis)