James Dee Olsen v. State
156 Idaho 922
| Idaho Ct. App. | 2014Background
- Olsen was convicted of felony DUI in 2002 and 2007.
- In 2012, the State charged Olsen with felony DUI and alleged persistent violator status.
- Under a plea, Olsen pled guilty to felony DUI and acknowledged persistent violator; other charges were dismissed.
- The district court sentenced Olsen to a unified term of 15 years, with 5 years determinate.
- Olsen filed a pro se post-conviction relief petition alleging that applying both §§ 18-8005(6) and 19-2514 violated double jeopardy.
- The district court summarily dismissed the petition; Olsen appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does applying both enhancements violate double jeopardy? | Olsen argues the two enhancements create multiple punishments. | State argues the enhancements are distinct, non-duplicative penalties serving different purposes. | No double jeopardy violation; both enhancements can apply to the same offense. |
Key Cases Cited
- State v. Kerrigan, 143 Idaho 185 (2006) (two enhancements may be applied separately; not duplicative)
- State v. Talavera, 127 Idaho 700 (1995) (reviewing double jeopardy; abuse of multiple punishments)
- State v. Leslie, 146 Idaho 390 (2008) (purpose of 18-8005(6) to deter repeat DUI offenders)
- State v. Helms, 143 Idaho 79 (2006) (purpose of 19-2514 to deter felony recidivism)
- Roman v. State, 125 Idaho 644 (1994) (summary dismissal standards and evidence requirements)