State v. Walker
Annotate this CaseThe circuit court found Samuel Walker guilty of three offenses, including Count I, habitually operating a vehicle under the influence of an intoxicant (HOVUII). The intermediate court of appeals (ICA) vacated the circuit court's judgment and remanded Walker's case with instructions to dismiss Count I without prejudice, holding that Count I of the felony information failed to allege an essential element, an attendant circumstance, of the charge of HOVUII. The Supreme Court affirmed, holding (1) an appellate court's remand for entry of judgment of conviction and resentencing for a lesser-included offense must be based on a jurisdictionally valid lesser-included charge; and (2) under this holding, Walker's HOVUII charge did not adequately allege the lesser-included offense of OVUII as a first offender because his charge failed to allege an essential element, specifically, the attendant circumstance that he operated a vehicle on a public road, way, street, or highway.
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