State v. Tuter

PREWITT, Presiding Judge.

Defendant appeals from his conviction for driving while intoxicated. He contends the trial court:

[Ejrred in overruling defendant’s motion to dismiss information to prevent double jeopardy because sentencing defendant for driving while intoxicated violated his Fifth Amendment freedom from double jeopardy in that the trial court sentenced defendant to pay a fine and to serve time in jail after a separate proceeding in which the Department of Revenue had already punished defendant for the same offense by revoking his license to drive for one year.

Under similar facts, the…