State v. Rogers
In State v. Rogers, 209 W.Va. 348, 547 S.E.2d 910 (2001), the Court determined that a new trial was not necessary even though the defendant has been convicted of four larceny charges in violation of the double jeopardy clause.
The defendant, Thomas Rogers, was convicted of larceny by false pretense and larceny by fraudulent scheme for illegally selling licensed inventory computer software to a beer company.
Rogers was also convicted of larceny by fraudulent scheme and larceny by embezzlement for selling the software without the software company's consent. As set forth above, this Court determined that absent proof that Rogers obtained "services" by fraudulent scheme, his convictions of larceny by fraudulent scheme and larceny by embezzlement violated double jeopardy proscriptions. Syllabus Point 9, Rogers, supra.
The Court also found that Rogers' convictions of larceny by false pretense and larceny by fraudulent scheme violated the double jeopardy clause. See Syllabus Point 8, Rogers ("Every element necessary for a conviction of larceny by false pretense under West Virginia Code 61-3-24 (1994) (Repl.Vol.2000) is also an element for conviction of larceny by fraudulent scheme under West Virginia Code 61-3-24d (1995) (Repl.Vol.2000).").
In summary, the Court determined that the evidence supported no more than two larceny convictions, one for Rogers' conduct toward the beer company and the other for his actions with respect to the software company.