State v. Jones

MARTIN, Justice.

The defendant challenges on double jeopardy grounds the validity of his last sentencing hearing. We conclude that the sentencing hearing was free from error and must be affirmed.

In brief, the state’s evidence showed that defendant, together with Rosa Lee Gibbs and Tonia Jamison, robbed Patricia Phillips, a nineteen-year-old night clerk at the Zip Mart in New Bern, with the use of a .38-caliber pistol. After the three robbers left the Zip Mart, Rosa Lee Gibbs returned and killed Patricia Phillips to eliminate her as a witness. The three also stole Patricia’s automobile and were…