Lovell v. State

Candy Lovell appeals the judgment and sentence imposed on her after being found guilty of first-degree felony murder, aggravated child abuse, aggravated manslaughter of a child, and neglect of a child with great bodily harm. Because the case law leads us to the conclusion that the convictions and sentences for both first-degree murder and aggravated manslaughter of the same child violate the state and federal constitutional principle proscribing double jeopardy, we reverse the conviction of aggravated manslaughter, but otherwise affirm. Ms. Lovell and her co-defendant, Jamie Hawkins, were tried for various offenses arising out of the death of Ms. Lovell's young daughter, Summer. The evidence presented by the State indicated that Summer's death was caused by multiple blunt force injuries. As a result of the application of this force to the child's abdomen, her bladder ruptured, and urine flowed into her abdominal cavity. Although immediate treatment would have saved Summer's life, Ms. Lovell and Mr. Hawkins delayed having her seen by medical personnel for several days.