State v. Best

WYNN, Judge.

A defendant “may not be punished both for felony murder and for the underlying, ‘predicate’ felony, even in a single prosecution.” 1 Defendant Antavio Derrell Best argues that his sentences for accessory-after-the-fact to first-degree murder and accessory-after-the-fact to first-degree kidnapping violate double jeopardy. Because the jury could have found Defendant guilty of accessory after the fact to first-degree murder based on the kidnapping, pursuant to the felony murder rule, we arrest judgment on Defendant’s convictions for accessory-after-the-fact to first-degree…