S. Ct. Crim. No. 2009-0002

In considering an adult defendant's appeal from convictions for first degree murder in violation of 14 V.I.C. §§ 921 and 922(a), unauthorized use of a firearm during the commission of a first degree murder in violation of 14 V.I.C. § 2253(a), and possession of stolen property in violation of 14 V.I.C. § 2101(a), it is held that: (1) the information properly notified the defendant of the elements of first degree murder and the Superior Court properly instructed the jury on the elements of first degree murder; (2) 14 V.I.C. § 922 is not unconstitutionally vague; (3) the People presented sufficient evidence to convict the defendant of first degree murder; (4) the defendant did not establish the elements necessary for an ineffective assistance of counsel claim; (5) the Superior Court did not err by failing to give an involuntary manslaughter instruction; (6) the Superior Court did not err by allowing the defendant to be prosecuted by information, rather than by grand jury indictment; (7) the defendant's sentence of life imprisonment without the possibility of parole for committing first degree murder does not violate the Eighth Amendment prohibition against cruel and unusual punishment, either on its face or as applied; and (8) the People presented sufficient evidence to convict the defendant of possession of stolen property. Thus, none of the eight alleged errors presented by the defendant require reversal or any other remedy, and the judgment of the Superior Court is affirmed on all counts.