State v. Freeman

¶1 “No person shall be . . . twice put in jeopardy for the same offense.” Const, art. I, § 9; accord U.S. Const, amend. V. With the increasing proliferation of criminal statutes, the same criminal conduct might violate multiple statutes. Because of this, courts must determine whether and, if so, when, convicting a defendant of several different crimes based on the same conduct violates double jeopardy. This largely turns on whether the legislature intended to punish the conduct as separate crimes or to punish the conduct as a single, “higher” felony.

Chambers, J.

¶2 In both of the cases before…