People v. Cortez

VOLLACK, Justice,

specially concurring in part and dissenting in part;

I concur in part and dissent in part. Because I believe that this court should address the double jeopardy question mentioned by the majority in footnote 4, I respectfully dissent from that conclusion in the majority opinion. We granted certiora-ri on the issue, it was thoroughly addressed in the briefs submitted by the parties, and in the interest of judicial economy I believe the issue should be decided.

I

I agree with the majority that the facts of this case, as established by a careful review of the record, reveal no…