opinion: PAYNE v. VIRGINIA
  No. 82-6935.
  Decided July 5, 1984
  Per Curiam.
  This petition for certiorari seeks review of a judgment of the Supreme Court of Virginia rejecting petitioner’s double jeopardy challenge to a conviction for robbery which followed a prior conviction for capital murder committed during the perpetration of the robbery while armed with a deadly weapon. In this case, as in Harris v. Oklahoma, 433 U. S. 682 (1977) (per curiam), where “conviction of a greater crime, murder, cannot be had without conviction of the lesser crime, robbery . . . , the Double Jeopardy Clause bars prosecution for the lesser crime after conviction of the greater one.” Ibid. See also In re Nielsen, 131 U. S. 176, 188 (1889).
  Accordingly, the motion for leave to proceed in forma pauperis is granted, the petition for writ of certiorari is granted, and the judgment of the Supreme Court of Virginia is reversed. Harris v. Oklahoma, supra.
  It is so ordered.
choices: case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason