Kelley v. State
Annotate this CaseAppellant was charged with felony eluding a police officer and misdemeanor reckless driving based on the same incident. Appellant pleaded no contest to misdemeanor reckless driving and then moved to dismiss the felony eluding a police officer charge on the basis of double jeopardy. The district court denied the motion to dismiss, concluding that misdemeanor reckless driving did not constitute a lesser included offense of felony eluding. Appellant subsequently pleaded guilty to felony eluding. The Supreme Court reversed, holding that the offense of reckless driving is a lesser included offense of felony eluding as charged in this case, and therefore, Appellant’s conviction for felony eluding a police officer violated double jeopardy.
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