State v. Ritter

Defendant Aaron Ritter appeals his dual convictions of second-degree aggravated domestic assault (13 VS.A. § 1044). He argues that the trial court’s decision permitting a single act that violates both § 1044(a)(1) and § 1044(a)(2) to be punished as separate crimes impermissibly infringes his right against double jeopardy. We agree and vacate one of the two convictions and remand for resentencing.

On the morning of October 8, 1995, defendant and his girlfriend had an argument. Angered that his girlfriend had been out late the previous night, defendant hit and Mcked her while she was lying on a…