Legal Opinion

State v. Bryan

Idaho Court of Appeals

Decided March 25, 2008No. 34315Published

1Opinion of the Court

PERRY, Judge.

Michael E. Bryan appeals from the district court’s decision affirming his judgments of conviction and sentences for three misdemeanor violations of operating a commercial vehicle in excess of allowable weight limits. Specifically, Bryan contends that the state violated his right against double jeopardy by subjecting him to multiple criminal punishments for the same offense. For the reasons set forth below, we affirm.

I

FACTS AND PROCEDURE

Bryan was hauling cattle in his tractor-trailer, and he stopped at a port of entry for a weigh-in. The scale at the port of entry was…

2Cases cited22 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. Whalen v. United StatesSupreme Court of the United States · 1980
  4. Ohio v. JohnsonSupreme Court of the United States · 1984
  5. Schiro v. FarleySupreme Court of the United States · 1994

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