Virginia - A judge will let an appeals court decide whether being convicted of both solicitation and conspiracy constitutes double jeopardy.
PULASKI -- The double jeopardy question raised by attorneys in a Pulaski County murder solicitation case was an interesting one, a judge said Monday, but was brought up too late to be considered.
After deciding that both the solicit to commit murder and conspiracy to commit murder convictions against French David "Dizzy" Kanode would stand, Circuit Court Judge Colin Gibb imposed the 22-year prison sentence that had been recommended by a jury -- 15 years for solicitation and seven for conspiracy.
Kanode, 34, of Dublin was convicted of both counts in a jury trial in December in Pulaski County Circuit Court.
Richard Mabry testified that he repeatedly stabbed Dawn Lee Meredith Wright because Kanode had told him to as part of an initiation into the Pagans motorcycle club. The body of Wright, 42, of Radford was found Jan. 23, 2008, two days after she had been killed.
Kanode, however, has never been a member of the Pagans.
Kanode has maintained his innocence and said Wright was a longtime friend.
"I didn't have nothing to do with Dawn being killed," he said from the witness stand Monday. "I swear on my life."
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