7/1/16 The Double Jeopardy Clauses of both the United States and Arizona Constitutions prevent multiple convictions for the same conduct arising from the same incident.
In State v. Jurden, Arizona Supreme Court, No. CR-15-0236-PR, (7/1/16), the defendant was charged and convicted for two violations of Arizona’s resisting arrest statute, 13 A.R.S. §2508. The conduct at issue was the actions of the defendant in resisting two officers who were simultaneously attempting to arrest him for one incident. The defendant went to trial and was convicted for two counts of resisting arrest, one for each officer.
On appeal the defendant contended that one of the two convictions violated the Double Jeopardy Clause of the United States Constitution. The Arizona Supreme Court agreed with the defendant’s position and vacated one of the convictions.
The court said the legislative history of the statute did not make the statute’s purpose very clear and it was a close question. However, after analysis the court in effect said the statute’s primary purpose was to prevent resisting arrest against the State as a whole and was not to prevent persons resisting arrest by individual officers (the defendant was also charged with two counts of aggravated assault against the officers and convicted of one count, and that was not at issue on the appeal). In effect under the statute the victim is the State as a whole and not the individual officers attempting to make the arrest. As the defendant’s conduct under the statute was a crime against one entity, namely, the State as a whole and not against the two separate individual officers, the defendant could not be convicted for two counts arising from the same incident.
The case may be found at:
http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2016/CR150236PR.pdf
If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.
