State v. Rusty Russell

¶1 Following a jury trial in the Thirteenth Judicial District, Rusty Lee-Ray Russell (“Russell”) was found guilty of deliberate homicide (under a felony homicide theory), aggravated assault, robbery by accountability, and aggravated assault by accountability. He was sentenced to eighty years (with ten suspended) for the deliberate homicide. He also received ten years for each of the remaining counts, including the aggravated assault which was the predicate felony for the felony homicide charge. Russell appeals, arguing his conviction for aggravated assault violates the double jeopardy clause…