State v. Cross
Annotate this CaseA grand jury returned a seven-count indictment against a motorist (Defendant) that was involved in a high speed chase while attempting to avoid arrest for driving on a revoked license. Following a jury trial, Defendant was convicted of five of the offenses. The court of criminal appeals upheld four of Defendant's convictions but, on its own motion, vacated the remaining conviction after determining that it violated the double jeopardy protections in the federal and state constitutions. The Supreme Court reversed in part, holding (1) in accordance with State v. Watkins, released contemporaneously with this opinion, Defendant's convictions did not run afoul of constitutional double jeopardy protections; (2) Defendant's conviction under count one of the indictment must be vacated because the trial court committed plain error in its instruction regarding the lesser-included offenses of that charge; and (3) the evidence supported Defendant's remaining convictions, and the sentences imposed by the trial court were not excessive. Remanded.
Court Description: Authoring Judge: Justice William C. Koch, Jr.
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