A trial court's consideration of pending criminal charges when sentencing a defendant does not violate his double jeopardy protections.
Defendant was convicted of possession of heroin while the instant cases were pending. The State asked the trial judge to consider the fact that defendant had the pending charges for bail jumping when he was sentenced on the possession case. On review, the court did not consider the case that was reversed by the court of appeals. The Supreme Court affirmed,.
Does the double jeopardy clause bar the state's prosecution of a charge after that charge has been taken into consideration as evidence of character in sentencing the defendant on a prior unrelated conviction?
The court stated that, in imposing sentence on a criminal defendant, the trial court may consider pending criminal charges. The court noted that for "multiple punishment" to occur, a first punishment for an offense must be demonstrated and defendant had failed to demonstrate that a first punishment occurred for the convictions he challenged in this appeal.