Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. Smoots

En Banc

JUSTICE GABRIEL delivered the Opinion of the Court.

HI These four cases, which raise the ultimate question of whether driving under the influence (“DUI”) is a lesser .included offense of either vehicular assault-DUI or vehicular homicide-DUI, present us with an opportunity to address (1) whether a double jeopardy claim can be raised for the first time on direct appeal and (2) what test courts should apply in evaluating whether one offense is a lesser included offense of another.1

¶2 We now conclude that unpreserved double jeopardy claims can be raised for the first time on appeal, and…