State v. Rodriguez

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Frank Leyvas Rodriguez challenges his conviction for aggravated driving under the influence of an intoxicant (DUI) with two prior DUI offenses within sixty months, claiming his prosecution and conviction are barred by collateral estoppel under the Double Jeopardy Clause. 1 We reject this argument and affirm because no jury had previously reached a decision on the conduct underlying Rodriguez’s aggravated DUI conviction.

¶ 2 Rodriguez originally was charged with aggravated DUI with a suspended license and aggravated DUI with two prior DUI convictions…