(Download) "State North Dakota v. Linda Dahl" by Supreme Court of North Dakota # Book PDF Kindle ePub Free
eBook details
- Title: State North Dakota v. Linda Dahl
- Author : Supreme Court of North Dakota
- Release Date : January 17, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Douglas E. Dragoo was convicted of one count of driving under the influence (DUI); the conviction was enhanced because Dragoos blood alcohol content was.15 of 1 gram per 100 milliliters of his blood and he had three prior DUI convictions. Dragoo was also convicted of one count of DUI causing serious bodily injury. both charges arose from the same motor vehicle accident in which two persons sustained serious injuries. on appeal, Dragoo contended that the separate consecutive sentences he received for each conviction constituted double punishment for the same offense, in violation of the Double Jeopardy Clause. applying the test articulated in Blockburger v. United States, the nebraska Court of appeals agreed and dismissed the conviction and sentence for DUI, leaving the conviction and sentence for DUI causing serious bodily injury intact. We granted the states petition for further review to consider its argument that under Missouri v. Hunter, the Blockburger test is inapplicable where the Legislature has expressed a clear intent to impose multiple punishments for the same conduct. We conclude that there is no such expression of legislative intent with respect to the offenses for which Dragoo was convicted, and we therefore affirm the judgment of the Court of appeals.
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