Supreme Court of the United States

Missouri v. Hunter

January 19, 1983459 U.S. 359

Summary

The Court held that the Double Jeopardy Clause does not prohibit cumulative punishments imposed in a single trial when the legislature has clearly authorized them, even if the offenses are the same under the applicable same-offense test. Missouri clearly intended cumulative punishment for first-degree robbery and armed criminal action, so the state appellate court erred by vacating the armed-criminal-action conviction and sentence. The judgment was vacated and the case remanded.

Holding

  • Cumulative punishment for robbery and armed criminal action. The Double Jeopardy Clause permits cumulative punishments in a single trial for offenses that may constitute the same offense under the same-offense test when the legislature has specifically authorized cumulative punishment. Missouri's clear legislative authorization therefore permitted the separate conviction and sentence for armed criminal action in addition to the robbery conviction and sentence.

Docket 81-1214

Cited authorities

  • Mo. Rev. Stat. § 560.120
  • Mo. Rev. Stat. § 560.120
  • Mo. Rev. Stat. § 559.225

Cited by