State v. Hamrick

COZORT, Judge.

This case presents two issues for our determination: (1) Does the superior court have the authority, upon a petition for writ of certiorari filed by the State, to reinstate a charge of misdemeanor death by vehicle which had been dismissed by the district court on double jeopardy grounds; and (2) Does a plea of “responsible” to the infraction of driving left of center prohibit, on double jeopardy grounds, prosecution of the defendant for misdemeanor death by vehicle, when the only basis for the misdemeanor death charge is the driving left of center infraction? We find the…