Winn v. State

Mikell, Judge.

Following a superior court bench trial, Andrew Scott Winn was found guilty of aggressive driving. On appeal, Winn contends thatbecause he had previously been convicted in the state court for reckless conduct in connection with the same incident that gave rise to his aggressive driving conviction, he could not be punished twice for the same conduct in light of the substantive bar against double jeopardy. We disagree because each offense required proof of a fact that the other did not.

The record shows that Winn was accused in the State Court of Decatur County of reckless conduct 2…