S. Ct. Crim. No. 2011-0103

In an appeal under 4 V.I.C. § 33(d)(1) by the People of the Virgin Islands from the dismissal in the Superior Court of a criminal case after verdict, an inconsistent verdict was not a sufficient reason for setting aside a verdict, even in situations where the jury acquits a defendant of a predicate felony, but convicts on the compound felony. There was also sufficient evidence presented at trial to sustain the convictions of this defendant for reckless endangerment in the first degree, carrying or using a dangerous weapon, and unauthorized use of a firearm during the commission of a crime of violence. Therefore, the portion of the trial court's order granting the defendant's post-trial motion for judgment of acquittal on charges of unauthorized use of a firearm during the commission of a crime of violence is reversed, and his conviction on that charge is reinstated. The trial court's order denying the defendant's post-trial motion for judgment of acquittal for reckless endangerment in the first degree and carrying or using a dangerous weapon is affirmed.