State v. Smith

¶1 J.M. Johnson, J.

Petitioner Calvin Smith challenges on several grounds a Court of Appeals decision affirming his conviction for driving while license suspended or revoked (DWLS in the first degree) due to being found an habitual traffic offender. We hold that there is insufficient evidence to support a necessary element of that crime. Accordingly, we reverse and remand to vacate the conviction and dismiss the charge with prejudice.

I. FACTS AND PROCEDURAL HISTORY

¶2 On May 7, 2002, Smith led police on a lengthy, high-speed car chase after they attempted to arrest him as a “wanted fugitive.”…