Legal Opinion
State v. Smith
Idaho Court of Appeals
Decided November 20, 1991No. 18634PublishedCited by 10 opinions
1Opinion of the Court
SUBSTITUTE OPINION
The Court’s prior opinion dated October 30, 1991, is hereby withdrawn.
WALTERS, Chief Judge.
William Herman Smith entered a conditional plea of guilty to driving under the influence of an intoxicating substance. The dispositive issue on appeal is whether Smith’s previous conviction and sentence for inattentive driving, arising from the same driving incident, barred the prosecution for DUI. Because we conclude that both offenses were based upon the same “act,” we hold that I.C. § 18-301 prohibited their separate prosecutions. Accordingly, we reverse.
I
For purposes of this…
2Cases cited16 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Green v. United StatesSupreme Court of the United States · 1957
- Grady v. CorbinSupreme Court of the United States · 1990
- Garrett v. United StatesSupreme Court of the United States · 1985
- State v. McCormickIdaho Supreme Court · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. KlussIdaho Court of Appeals · 1993
- State v. LynchIdaho Supreme Court · 1994
- State v. AdamsIdaho Court of Appeals · 2005
- State v. CastanedaIdaho Court of Appeals · 1994
- State v. CastañedaIdaho Court of Appeals · 1994
5 more not listed; retrieve them via the Exa API.