Patrick Mirandy, Warden v. Gregg D. Smith

Benjamin, Justice:

In a December 19, 2014, order, the Circuit Court of Ritchie County dismissed respondent Gregg D. Smith’s conviction for malicious assault involving a firearm, determining that his convictions for both malicious assault involving a firearm and wanton endangerment involving a firearm offended double jeopardy principles. The petitioner Patrick Mirandy, Warden of St. Mary’s Correctional Center (“the State”) 1 appeals, arguing that Gregg Smith’s convictions for both crimes are constitutional. Upon our review, we conclude that double jeopardy principles have not been violated.…