Jones v. State
Jones v. State
Opinion of the Court
The appellant, Henry Roger Jones, Jr., was indicted for capital murder, felony-murder, murder, and first-degree burglary. He was convicted of felony-murder, a violation of § 13A-6-2(a)(3), Ala.Code 1975, and first-degree burglary, a violation of § 13A-7-5, Ala.Code 1975. The trial court sentenced him to serve concurrent terms of life in prison on the felony-murder conviction and twenty-five years in prison on the first-degree burglary conviction. In an unpublished memorandum that is being released today, we affirm as to the issues the appellant raises in his brief to this court. See Jones v. State, (CR-06-0630, December 21, 2007) _ So.2d _ (Ala.Crim.App. 2007) (table). In this opinion, we address the propriety of his convictions for both felony-murder and burglary.
In this case, the appellant was convicted of both felony-murder and first-degree burglary. However, the same burglary formed the basis for the felony-murder conviction and the first-degree burglary conviction. Therefore, the appellant’s convictions for both felony-murder and first-degree burglary violate double jeopardy principles. See Edwards v. State, 907
AFFIRMED BY UNPUBLISHED MEMORANDUM IN PART; REMANDED WITH INSTRUCTIONS.
Note from the reporter of decisions: On March 21, 2008, on return to remand, the Court of Criminal Appeals affirmed, without opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.