State v. Mitchell

OPINION

COOPER, Chief Justice.

The issue before this court is whether the double jeopardy clauses of the state and federal constitutions bar a prosecution for vehicular homicide when the defendant, prior to the victim’s death, had pled guilty to and been sentenced in municipal court for driving while under the influence of an intoxicant, disregarding a stop sign, and unlawful possession of a controlled substance. We find no double jeopardy violation and reverse the judgment of the Court of Criminal Appeals dismissing the indictment for vehicular homicide.

A truck driven by defendant collided…