STATE v. STEELE

No. 67039.

387 So.2d 1175 (1980)

STATE of Louisiana v. Robert J. STEELE.

Supreme Court of Louisiana.

Concurring Opinion September 24, 1980.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., G. Fred Ours, Louise Korns, Asst. Dist. Attys., Russell Stegeman, Legal Intern, for plaintiff-relator.

Carey R. Varnado, Jacob Kansas, New Orleans, for defendant-respondent.


WATSON, Justice.

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...

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