103 So. 3d 571
La. Ct. App.2012Background
- Defendant Stephen Taylor was charged by bill of information with first degree vehicular negligent injuring arising from a June 9, 2010 incident.
- A separate bill charged Taylor with three misdemeanors: DWI, reckless operation, and operating without a driver’s license; the offenses stemmed from the same incident.
- Taylor pled guilty to the misdemeanor DWI, first offense, on October 5, 2010; the State dismissed the other two misdemeanors.
- Taylor moved to quash the bill for first degree vehicular negligent injuring on double jeopardy grounds; the motion was denied on July 27, 2011.
- On November 14, 2011, Taylor pled guilty to first degree vehicular negligent injuring preserving his right to appellate review of the denial of the motion to quash; he received a three-year suspended sentence with two years’ probation.
- The appellate court reversed the denial of the motion to quash and vacated Taylor’s conviction and sentence for first degree vehicular negligent injuring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars prosecution for first degree vehicular negligent injuring after a DWI plea | Taylor argues same evidence test bars subsequent charge. | State contends additional elements prevent double jeopardy. | Double jeopardy barred the later charge; conviction and sentence vacated. |
Key Cases Cited
- Steele, 387 So.2d 1175 (La. 1980) (same evidence test governs duplicative charges with shared conduct)
- Ashe v. Swenson, 397 U.S. 436 (U.S. 1970) (collateral estoppel principle in double jeopardy)
- State v. Girouard, 615 So.2d 29 (La.App. 3 Cir. 1993) (identical evidence issue under double jeopardy analysis)
- State v. Bonfanti, 262 La. 153, 262 So.2d 504 (La. 1972) (same evidence test framework in Louisiana double jeopardy)