Cooper v. Commonwealth

Opinion

BRAY, J.

Brian K. Cooper (defendant) was convicted in a bench trial of possession of “tools, implements or outfit, with intent to commit burglary, robbery or larceny,” a felony, and sentenced to six years imprisonment, with three years suspended. He appeals that conviction, contending that, under principles of double jeopardy, the instant prosecution was barred by a prior misdemeanor conviction in the general district court. We disagree and affirm.

The facts pertinent to this appeal are uncontroverted. On May 6, 1990, defendant was discovered by a police officer in the “laundry room” of…