GENERALLY, A FEDERAL COURT MAY NOT REVIEW A STATE COURT SENTENCE THAT IS WITHIN THE STATUTORY LIMITS. IT MAY VACATE A SENTENCE, HOWEVER IF IT WAS IMPOSED IN VIOLATION OF THE CONSTITUTION, LAWS, OR TREATIES OF THE UNITED STATES.
THE DOUBLE JEOPARDY CLAUSE DOES NO MORE THAN PREVENT THE SENTENCING COURT FROM PRESCRIBING GREATER PUNISHMENT THAN THE LEGISLATURE INTENDED. (SEE MISSOURI V. HUNTER, 459 U.S. 359, 368-369.) AN INFORMATION WAS FILED AGAINST THE PETITIONER IN THE STATE COURT, CHARGING HIM WITH FOUR COUNTS OF KIDNAPING FOR ROBBERY, SIX COUNTS OF ROBBERY, AND ONE COUNT OF DISSUADING A WITNESS FOR WHICH HE WAS SUBSEQUENTLY FOUND GUILTY OF. THOUGH BOTH THE PROSECUTOR AND THE TRIAL COURT CONCEDED THAT PETITIONER'S ENTIRE GOAL WAS TO ROB THE VICTIMS AND WHEN THE MOVEMENT BEGAN, IT WAS TO FURTHER HIS GOAL TO ROB THEM. (IN EXAMPLE, IT WAS ONE INTENT AND OBJECTIVE AND A CONTINUOUS COURSE OF CONDUCT) THE TRIAL COURT NEVERTHELESS IMPOSED SEPARATE PUNISHMENTS FOR COUNTS 5 AND 9 DURING A SINGLE TRIAL.
MULTIPLE PUNISHMENTS ARE PERMISSIBLE "WHEN THE LEGISLATIVE INTENT IS CLEAR FROM THE FACE OF THE STATUTE OR THE LEGISLATIVE HISTORY." (GARRETT V. UNITED STATES, 471 U.S. AT 799) HERE, PENAL CODE § 669 AUTHORIZES MULTIPLE PUNISHMENTS FOR MULTIPLE OFFENSES REGARDLESS OF WHETHER THEY ARISE OUT OF THE SAME TRIAL, THE SAME ACT OR COURSE OF CONDUCT OR UNDERLYING CIRCUMSTANCES. PENAL CODES §§ 54 AND 654 DO NOT AUTHORIZE MULTIPLE PUNISHMENTS FOR MULTIPLE OFFENSES ARISING OUT OF THE SAME TRIAL, THE SAME ACT OR COURSE OF CONDUCT OR UNDERLYING CIRCUMSTANCES. BECAUSE THE LEGISLATURE'S INTENT IS NOT CLEAR FROM THE FACE OF THE PENAL CODES ON WHETHER MULTIPLE PUNISHMENTS ARE PERMISSIBLE AND BECAUSE THE TRIAL COURT IMPOSED SEPARATE SENTENCES DURING A SINGLE TRIAL FOR ONE CONTINUOUS COURSE OF CRIMINAL CONDUCT, THE ONLY QUESTION AS TO THE ISSUE OF MULTIPLE PUNISHMENT THEN IS THE LEGISLATIVE INTENT IN ENACTING THE ABOVE PENAL CODES.
THE QUESTIONS PRESENTED ARE: WHAT PUNISHMENTS ARE CONSTITUTIONALLY PERMISSIBLE? AND WHETHER PETITIONER'S CONSECUTIVE SENTENCE IS CONSTITUTIONALLY PERMISSIBLE?
What punishments are constitutionally permissible?