in Re: Petition of Blenka (Michael)

Jeopardy Clause. The State now appeals, arguing that the district court erred in concluding that double jeopardy barred the State's prosecution of the felony because: (1) double jeopardy does not bar subsequent prosecution when the court lacks jurisdiction to hear all the charges; and (2) Blenka cannot avoid prosecution for a felony DUI by pleading guilty to a misdemeanor DUI. The double jeopardy clause does not permit Blenka's continued prosecution for a felony DUI after pleading guilty to misdemeanor DUI arising from the same set of facts as the felony charge The parties do not dispute that…