Quote:
Originally Posted by Rain Man
Naive question to you or any other lawyers in this discussion:
If there were multiple fouls, is there an interplay on sentencing? So from a legal perspective, would a drunk driver get a more harsh sentence for the drunk driving crime if he killed someone? Or would he get the same sentence, but then he also gets an independent sentence for manslaughter? I'm going to guess that each crime is independent, but I vaguely recall hearing news blips about sentences for "X crime resulting in Y outcome".
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You don't convict twice for a lesser included offense.
If an offense requires the occurrence of A, B, C and D; you cannot convict of both that crime, and another crime that requires the occurrence of A, B and C. It's part of the double jeopardy prohibitions.
You can charge for both (it's a common tactic for negotiating plea deal; armed criminal action within armed robbery, for example), but you can't convict for both.