State v. Castañeda

LANSING, Judge.

By this appeal, we are asked to determine whether Idaho’s double punishment statute, I.C. § 18-301, barred prosecution of Fidelmiro Vargas Castañeda for felony DUI when he had previously pled guilty to a misdemeanor charge for fleeing an officer, where the two charges stemmed from a common sequence of events. We conclude that the DUI charge was predicated upon different acts than the charge for fleeing an officer, and therefore, prosecution for both offenses was not proscribed.

On the evening of January 29,1992, Officer Tony Chapa of the Cassia County Sheriffs office observed…