State v. Lynch

Finding sufficient evidence to prove motiva tion for the assaults and therefore proof of the crimes, we affirm the juvenile court dispositions finding Jeffrey Allen Lynch, Dondrey Levon Whitted, and Aaron Ramone Jefferson guilty of malicious harassment. Under the specific facts of this case, however, and notwithstanding the antimerger clause of the malicious harassment statute, separate punishments for fourth degree simple assault and malicious harassment are an impermissible violation of the appellants’ double jeopardy rights.

FACTS

In the late afternoon of March 9, 1996, M and C, a gay…