Legal Opinion

Mercado v. People

Supreme Court of The Virgin Islands

Decided December 3, 2013No. S. Ct. Criminal No. 2012-0067Published

1Opinion of the Court

OPINION OF THE COURT

(December 3, 2013)

Swan, Associate Justice.

Appellant, Hector Mercado, was charged in a three count Information. He was found guilty by a jury of only two counts, first degree robbery and grand larceny, after the trial court dismissed the third count of unauthorized use of a firearm during the commission of a crime of violence. This appeal ensued. For the reason explicated below, we affirm the decision of the Superior Court and remand for the limited purpose of resentencing.

I. FACTS AND PROCEDURAL HISTORY

On September 6, 2010, at approximately 7:30 in the morning, Phillip…

2Cases cited24 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. United States v. Robert Joseph Carr, Jr., in No. 93-1376. United States of America v. Walter Orlando Cardona-Usquiano, in No. 93-1383Court of Appeals for the Third Circuit · 1994
  3. United States v. StarnesCourt of Appeals for the Third Circuit · 2009
  4. United States v. Russell E. HillCourt of Appeals for the Sixth Circuit · 1992
  5. United States v. Larry A. OsumCourt of Appeals for the Fifth Circuit · 1991

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