Twigg v. State

This case presents several issues relating to merger of sentences in criminal cases under the “required evidence test” of Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). The issues have their genesis in Petitioner Donald R. Twigg’s conviction of child abuse, second degree rape, third degree sexual offense, and incest against his daughter. As charged, any one of the three sexual offenses could have provided the basis for the child abuse conviction. The trial court sentenced Petitioner to a total of forty years’ incarceration: consecutive terms of twenty years for…