State v. DavisAnnotate this Case
After a trial, Defendant was convicted of operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant. On appeal, the intermediate court of appeals (ICA) vacated the district court’s judgment, determining that the charge against Defendant was defective for failing to allege the requisite state of mind, and remanded with instructions to dismiss the case without prejudice. Defendant filed an application for writ of certiorari, contending that the ICA gravely erred in failing to address his arguments that insufficient evidence sustained the conviction and that double jeopardy precluded retrial. The Supreme Court affirmed but on different grounds, holding (1) a reviewing court is required to address an express claim of insufficiency of the evidence prior to remaining for a new trial based on a defective charge; but (2) substantial evidence supported the conviction in this case, and therefore, double jeopardy did not preclude a retrial.