State v. O'Brien

Leach, A.C.J.

¶1 Alveno Dowlon O’Brien appeals four bail jumping convictions. He claims three of his four convictions violate double jeopardy, insufficient evidence supports his convictions, and the trial court erred by failing to instruct the jury on the affirmative defenses of uncontrollable circumstances and duress. Because the bail jumping statute is ambiguous regarding the intended unit of prosecution, we apply the rule of lenity, reverse three of O’Brien’s four convictions, and remand for resentencing.

FACTS

¶2 Between 1998 and 2003, O’Brien received four felony convictions. When he failed…