State v. Kleckner

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Defendant was charged with three counts of third degree domestic assault arising from the same incident. Each count alleged that Defendant had violated a different subsection of the same statute. The court subsequently dismissed one count. The jury proceeded to convict Defendant of one count and acquitted her of the other. On appeal, Defendant argued that the State could not charge her with multiple counts under a single statute if each count arose from the same incident. The district court concluded that the presence of multiple counts in the information required it to reverse Defendant’s conviction. The Supreme Court sustained the State’s objection to the district court’s judgment, as the State did not punish Defendant multiple times for the same offense or subject her to multiple prosecutions. View "State v. Kleckner" on Justia Law