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State v. Hudson8/6/1996
eanor in district court. See State v. Revelle, 301 N.C. 153, 162, 270 S.E.2d 476, 481 (1980), overruled in part on other grounds, State v. White, 322 N.C. 506, 517, 369 S.E.2d 813, 818 (1988)("A person's right to be free from double jeopardy is violated not only when one is tried for and convicted of offenses which are in law and fact identical, but also when one is charged and convicted of two offenses, one of which is a lesser included offense of the other, where both offenses arose out of the same series of events."); s ee also State v. McKenzie, 292 N.C. 170, 175, 232 S.E.2d 424, 428 (1977)(court approves defendant's "substantive position" that Constitutional protection against double jeopardy precludes State from subsequently bringing involuntary manslaughter charge predicated upon driving under the influence against defendant previously tried in district court for driving under the influence but convicted only of lesser offense of driving with blood alcohol content of .10 percent), and State v. Griffin, 51 N.C. App. 564, 566, 277 S.E.2d 77, 77 (1981)(pursuant to constitutional protection against double jeopardy, defendant may not be charged with death by vehicle predicated upon failure to yield right-of-way where defendant previously plead guilty to latter charge).
As defendant's remaining assignments of error likely will not occur upon retrial, we decline to discuss them.
New Trial.
Judges LEWIS and WYNN concur.
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