State v. SteeleState v. Steele
The State proceeded to prosecute Steele for negligent injuring subsequent to a plea bargain under which he pled guilty to D.W.I. and the State dismissed a charge of reckless driving. Steele contends that he is being subjected to double jeopardy and the trial court granted his motion to quash. The issue is whether there is double jeopardy under the “same evidence test“.
On August 16, 1979, defendant, Robert J. Steele, attempted to change lanes near the intersection of St. Claude Avenue and Desire Street in New Orleans. His car struck a taxi and propelled it into a pedestrian, Charlotte Nesbitt, standing on the corner. Steele was arrested and charged with reckless operation of a vehicle, driving while intoxicated and negligent injuring. As a result of a plea bargain in Traffic Court for the City of New Orleans, the charge of reckless operation of a vehicle was dismissed and Steele pleaded guilty to driving while intoxicated. Subsequently, the State
Both the Louisiana and United States Constitutions prohibit placing a person twice in jeopardy of life or limb for the same offense.
“Double jeopardy exists in a second trial only when the charge in that trial is:
“(1) Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or
“(2) Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.”
Separate statutory crimes need not be identical in constituent elements or in actual proof to be the same within the meaning of the constitutional prohibition. Brown v. Ohio, 423 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977); 1 J. Bishop, New Criminal Law, § 1051 (8th ed. 1892); Comment, Twice in Jeopardy, 75 Yale L.J. 262, 268-269 (1965); State v. Doughty, 379 So.2d 1088 (La., 1980).
The test enunciated by the United States Supreme Court for determining whether two offenses are the same for double jeopardy purposes is whether each statute requires proof of an additional element which the other does not. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).
The “same evidence” test is used in Louisiana. State v. Bonfanti, 262 La. 153, 262 So.2d 504 (1972); State v. Didier, 262 La. 364, 263 So.2d 322 (1972). If the evidence required to support a finding of guilt of one crime would also have supported conviction of the other, the two are the same offense under a plea of double jeopardy, and a defendant can be placed in jeopardy for only one. The test depends on the evidence necessary for conviction, not all the evidence introduced at trial. See State v. Doughty, supra.
The “same evidence test” is somewhat broader in concept than Blockburger, the central idea being that one should not be punished (or put in jeopardy) twice for the same course of conduct.
The test must be applied first to the charge of D.W.I. and negligent injuring. The two crimes in question do not, according to their definitions, appear to be the same offense. Operating a vehicle while intoxicated is defined as “the operating of any motor vehicle, aircraft, vessel or other means of conveyance while under the influence of alcoholic beverages, narcotic drugs, central nervous system stimulants, hallucinogenic drugs or barbituates.”
Thus, each offense requires proof which the other does not and the two offenses are not subject to a double jeopardy plea.
The “same evidence test” must next be applied to the charges of reckless driving and negligent injuring, since the reckless driving charge was dismissed as a result of a plea bargain and could not be resurrected against defendant. Reckless operation of a vehicle is defined in
For the reasons assigned, the judgment of the trial court granting defendant‘s motion to quash based on double jeopardy is affirmed.
AFFIRMED.
DENNIS, J., concurs with reasons.
BLANCHE, J., dissents.
MARCUS, J., dissents and assigns reasons.
DENNIS, Justice, concurring.
I respectfully concur.
Applying the distinct fact test, see Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977); State v. Doughty, 379 So.2d 1088 (La.1980), there is only one offense in this case because the evidence required to support a conviction on the negligent injuring charge would have been sufficient to warrant a conviction on the reckless driving charge. No additional fact, beyond that necessary to prove the negligent injuring charge, was required to warrant a conviction on the reckless driving charge.
MARCUS, Justice (dissenting).
I disagree with the majority‘s finding that the prosecution of the negligent injuring charge constitutes double jeopardy. Louisiana applies the “same evidence test” for determining the identity of offenses where the plea of double jeopardy is raised. In State v. Nichols, 337 So.2d 1074 (La. 1976), we stated:
[T]wo offenses are the same for double jeopardy purposes if the same evidence is required for the conviction of each offense. If one offense requires proof of additional facts which the other does not, then the accused may be tried and convicted on both offenses. State v. Cain, 324 So.2d 830 (La.1975), citing Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), unless the gravamen of the second offense is essentially included within the offense for which first tried, in which case the second prosecution is barred because of the former jeopardy. State v. Smith, 323 So.2d 797 (La.1975); City of Baton Rouge v. Jackson, 310 So.2d 596 (La.1975); State v. Didier, 262 La. 364, 263 So.2d 322 (1972); State v. Bonfanti, 262 La. 153, 262 So.2d 504 (1972); State v. Foster, 156 La. 891, 101 So. 255 (1924); State v. Roberts, 152 La. 283, 93 So. 95 (1922).
The majority correctly concluded that the same evidence could not convict the defendant of both the driving while intoxicated and the negligent injuring charge. However, when the same evidence test is applied to the reckless operation of a vehicle and the negligent injuring charge, the result does not require the dismissal of the subsequent prosecution because the negligent injuring charge requires proof of an additional fact not essential to a charge of reckless operation of a vehicle, i. e., the injuring of a person. Furthermore, the gravamen of the negligent injuring charge is not essentially included within the reckless operation of a vehicle offense. The gravamen of negligent injuring is “the inflicting of any injury upon the person of another by criminal negligence.”
Had the opposite situation occurred, i. e., defendant had plea bargained to the negligent injuring charge and subsequently been
Accordingly, I respectfully dissent.