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Commonwealth v. Pileeki11/29/2004
8. Then, the court noted, as an independent basis for affirmance, that the jury could have concluded that the two convictions were, in any event, based on separate acts. Id. at 239. However, the court made it clear that these were alternate bases for affirmance; either would have been sufficient to defeat the defendant's allegations of duplication.
A case like Wolinski, however, might be misinterpreted to stand for the proposition that unless a court finds both separate acts and noncognate offenses, multiple convictions violate double jeopardy protections. This misconstrues the law. Either is sufficient, standing alone, to support multiple convictions.
In any event, as the multiple convictions here are proper, I concur in the majority's result.
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