STUMBO, Justice, dissenting. Respectfully, I must dissent. I believe Appellant’s convictions for both assault and robbery violated the prohibition against double jeopardy. I would first note that, under the Burge test, the trial court correctly refused to dismiss the assault charge in the indictment. As written, the indictment did not violate the double jeopardy prohibition. The indictment charged Appel…
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