Washington v. Mckenzie

Donald Andrew McKenzie was convicted by a jury of the crime of being a felon with a gun. The court then found him to be a habitual criminal, sentenced him, suspended the sentence and revoked the grants of probation in five previous felony cases. McKenzie appeals, raising issues concerning prosecutorial vindictiveness, sufficiency of the States proof in the felon with a gun proceeding that he was a felon, and proof in the habitual criminal proceeding that he had two prior convictions; the propriety of revoking the prior probations; and double punishment in the allegations that he was both a felon with a gun and a habitual criminal. We remand for further proceedings on the States