State of West Virginia v. Gina Marie Jerrome

Summary

Justice Loughry concurs in affirming Gina Marie Jerrome’s grand larceny conviction under West Virginia’s single larceny doctrine. The concurrence emphasizes that whether conduct constitutes one or multiple larcenies depends on the totality of the circumstances and the number of separately formed intents proven by the evidence. Justice Workman joined the concurrence.

Holdings

1. Whether separate takings constitute a single larceny or multiple larcenies must be determined from the totality of the circumstances, including the number of separately formed intents proven by the evidence.
2. The jury was authorized to determine, from the evidence, that Jerrome committed one larceny rather than multiple larcenies.

Questions Presented

1. Whether separate takings from separate owners constituted a single larceny or multiple larcenies.
2. Whether the number of larcenies must be determined from the totality of the circumstances and the number of separately formed criminal intents shown by the evidence.
3. Whether Jerrome's grand larceny conviction should be affirmed under the single larceny doctrine.

Disposition

affirmed