State v. Montague

RAY THORNTON, Justice.

The State brings this appeal tpetition ice. of the decision of the Arkansas Court of Appeals in Montague v. State, 68 Ark. App. 145, 5 S.W.3d 101 (1999), in which the conviction and sentence of appellee Jimmie Don Montague for driving while intoxicated was set aside on the grounds that his conviction for both negligent homicide and DWI violated the double-jeopardy provisions of the Arkansas and United States Constitutions. The court of appeals reached this issue notwithstanding Montague’s failure to raise this argument to the trial court below, and the State sought…