United States Supreme Court
459 U.S. 359 (1983)
Hunter (defendant) was convicted of both armed criminal action and the underlying felony of robbery. He was sentenced to concurrent terms for each offense. The state supreme court set aside Hunter’s conviction for armed criminal action. The court reasoned that armed criminal action and robbery were the same offense under the Blockburger test because neither crime required proof of an additional element. However, the state supreme court did recognize that the state legislature had expressed a clear intent that a defendant be subject to both conviction and sentencing under the armed criminal action statute as well as conviction and sentencing for the underlying felony. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Burger, C.J.)
Dissent (Marshall, J.)
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