People v. Allen

I concur with the result. I also agree with Judge Riley’s treatment of all of the issues save one. With respect to this exception, then, I concur only in the result. I do not agree with the reasons espoused in support of this result. Specifically, second-degree murder and robbery armed convictions are not reversibly inconsistent. Instead, on the facts of this case, I find that simultaneous convictions thereon constitute a violation of defendant’s double jeopardy rights.

Had the defendant been convicted of felony murder and the underlying felony of robbery armed, it is clear that his…