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McKINNON v. STATE

No. M-81-456.

651 P.2d 1066 (1982)

Jimmy Dale McKINNON, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

September 28, 1982.

Attorney(s) appearing for the Case

Burke Mordy, Mordy, Clark & Hester, Ardmore, for appellant.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Chief, Criminal Appellate Div., Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

Jimmy McKinnon was tried in Carter County District Court and convicted of Eluding a Police Officer. He was sentenced to three (3) months in the county jail and assessed a one thousand dollar ($1,000) fine.

The dispositive issue is whether the prosecution for eluding a police officer violated double jeopardy principles. We conclude that it did.

This prosecution arose out of an automobile accident. On September 5, 1979...

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