STATE v. KONICEK

No. 47350.

16 Ohio App. 3d 17 (1984)

THE STATE OF OHIO, APPELLEE, v. KONICEK, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided April 9, 1984.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, for appellee.

Mr. Bruce L. Greenberger and Mr. Daniel T. Todt, for appellant.


MARKUS, J.

Defendant appeals from the denial of his motion to dismiss his aggravated vehicular homicide charge on double jeopardy grounds. He argues that his previous conviction for driving while intoxicated constituted a lesser included offense for the same conduct, and it barred this prosecution. That contention lacks merit, so we affirm.

On November 11, 1981, defendant drove his car into a collision with the victim's car. The police charged him with driving...

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