State v. Lappin

BASKIN, Judge.

The state charged Lappin with reckless driving and aggravated assault on a police officer as a result of an incident in which Lappin attempted to strike two police officers with his motor vehicle. Following his conviction in county court on the reckless driving count, Lappin filed a motion to dismiss the aggravated assault charge on double jeopardy grounds. The court granted the motion and dismissed the assault charge. The state appeals, arguing that the charged offenses are distinct crimes with different elements and that the prosecution of both charges is proper. We agree.

The…