State v. Roe

| granted in part; otherwise denied. Defendant was found guilty of both armed robbery and illegal possession of a stolen firearm. The firearm was inside the automobile that defendant took from the victim at gunpoint. To convict a defendant of both armed robbery and of the illegal possession of an item stolen during that robbery violates the Double Jeopardy clause. See State v. Robertson, 386 So.2d 906, 908 (La.1980) (“In the instant case, since defendant has been convicted of armed robbery, which includes theft as an essential element thereof, he cannot be convicted of receiving stolen things…