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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 33154 STATE OF IDAHO, Plaintiff-Respondent, v. PHILIP ANDREW TURNEY, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2009 Opinion No. 42 Filed: June 2, 2009 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge. Judgment of conviction and sentences for two counts of aggravated driving under the influence and enhancements for being a persistent violator, affirmed. Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Justin M. Curtis argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ______________________________________________ PERRY, Judge Philip Andrew Turney appeals from his judgment of conviction and sentences for two counts of aggravated driving under the influence (DUI) and enhancements for being a persistent violator. Specifically, Turney contends that the state violated his right against double jeopardy by subjecting him to multiple criminal punishments for the same offense. forth below, we affirm. I. FACTS AND PROCEDURE Two police officers, in separate patrol vehicles, were engaged in a DUI traffic stop of a vehicle when another vehicle driven by Turney then crashed violently into the stopped patrol vehicles causing serious injury to the two police officers. Turney was arrested at the scene with a blood alcohol content of .16. Turney was charged with two counts of aggravated DUI, I.C.

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Idaho Law