Deadly weapons term not double jeopardy

Thursday, Dec. 8, 2005 | 8:12 a.m.

CARSON CITY -- Sentencing a person to a second prison term because of the use of a deadly weapon is not double jeopardy, the state Supreme Court said Tuesday.

The court said it "is well settled" that a second consecutive prison term for using a weapon does not violate double jeopardy prohibition.

The court rejected the appeal of Leonard A. Winfrey, 31, who was sentenced to four consecutive life terms without parole for killing two people near Sunrise Mountain in September 1994.

Winfrey was sentenced to life without parole for the murder of Deborah Farris and a consecutive life term for use of a weapon -- a gun -- in the killing. He was also sentenced to consecutive life terms without the possibility of parole for killing her fiance, Christopher Payton.

Both Farris and Payton were asleep.

Winfrey's companion, Travers A. Greene, was also convicted and sentenced to death. Greene, 29, is held at the Ely State Prison, and Winfrey is at the High Desert State Prison near Indian Springs.

In another decision, the court rejected the appeal of Joseph R. Sanchez, sentenced to four consecutive life terms with parole for kidnapping, robbing and murdering a teenage boy to obtain the custom auto rims from the teen's car.

Sanchez, in his appeal, said the sentence was too stiff because the District Court judge mistakenly believed that the crimes were gang-related. The Supreme Court said District Judge Lee Gates did not make any error in refusing to lower the sentence.

The court said a report from the Parole and Probation Department said Sanchez admitted to a history of gang involvement.

Sanchez, 24, and co-defendant Michael Cu, 28, were convicted for killing 16-year-old Fernando Moreno, who was shot seven times with a high-powered rifle about 30 miles northeast of Las Vegas in 1996.

Both men are serving life terms at the Ely State Prison and will not be eligible for parole until they serve 40 years.

Cy Ryan can be reached at (775) 687-5032 or at cy@lasvegassun.com.