State of Michigan v ERNEST EUGENE CHORBA
No. 180416
Michigan Court of Appeals
December 30, 1996, Decided
Unpublished
Prior case history: Cass Circuit Court. LC No. 94-36832-FC.
Before: White, P.J., and Sawyer and R.M. Pajtas, * JJ.
* Circuit judge, sitting on the Court of Appeals by assignment.
OPINION
MEMORANDUM.
Defendant was convicted by a jury of operating a vehicle under the influence of alcohol [OUIL] causing death, MCL 257.625(4); MSA 9.2325(4), and was sentenced to seven to fifteen year's imprisonment. He appeals his conviction and sentence. We affirm in part, reverse in part and remand for a new trial.
Defendant's challenge to the trial court's jury instructions is governed by our Supreme Court's recent decision in People v Lardie 452 Mich 231; 551 NW2d 656 (1996). Because the instructions given here did not sufficiently address the element of causation, id. at 256-260, we reverse and remand for a new trial. In light of this disposition, we do not reach defendant's sentencing issue.
We reject defendant's double jeopardy argument. The Secretary of State's administrative revocation of defendant's driver's license does not bar this criminal prosecution. See People v Windsor, 207 Mich App 221; 523 NW2d 881 (1994).
Affirmed in part, reversed in part and remanded.
/s/ Helene N. White
/s/ David H. Sawyer
/s/ Richard M. Pajtas