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People v. Kulpinski10/17/2000
t statutes define the `same offense,' typically because one is a lesser included offense of the other. [Rutledge v United States, 517 US 292, ___; 116 S Ct 1241; 134 L Ed 2d 419, 426 (1996).]"
This Court has rejected the Blockburger test in analyzing the Double Jeopardy Clause of the Michigan Constitution, and instead uses traditional means to determine the intent of the Legislature, such as the subject, language, and history of the statutes. [People v] Robideau, [419 Mich 458; 355 NW2d 592 (1984)], supra at 486-487.
Statutes prohibiting conduct that is violative of distinct societal norms can generally be viewed as separate and amenable to permitting multiple punishments. Id. at 708. A further source of legislative intent can be found in the amount of punishment expressly authorized by the Legislature. Id.
Using the above analysis, this Court has already addressed and rejected the very double jeopardy challenge now raised by defendant in the present appeal. In People v Price, 214 Mich App 538, 541-546; 543 NW2d 49 (1995), this Court held the defendant's convictions and multiple punishments for OUI causing death and involuntary manslaughter with a vehicle violated neither federal nor state double jeopardy protections. In so doing, the Price Court, supra at 542-543, first examined the offenses at issue, noting that
The manslaughter statute provides:
"Any person who shall commit the crime of manslaughter shall be guilty of a felony punishable by imprisonment in the state prison, not more than fifteen years or by fine of not more than seven thousand five hundred [7,500] dollars, or both, at the discretion of the court. [MCL 750.321; MSA 28.553.]"
The OUI causing death statute provides:
"A person, whether licensed or not, who operates a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state, in violation of subsection (1) or (3), and by the operation of that motor vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. [MCL 257.625(4); MSA 9.2325(4).]"
MCL 257.625(1); MSA 9.2325(1) provides that a person shall not operate a vehicle if the person is under the influence of intoxicating liquor, a controlled substance, or a combination thereof, or if the person has an alcohol content of 0.10 grams or more than 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. MCL 257.625(3); MSA 9.2325(3) provides that a person shall not operate a vehicle if "the person's ability to operate the vehicle is visibly impaired" because of the consumption of intoxicating liquor, a controlled substance, or a combination thereof.
Framing the defendant's double jeopardy challenge under the Michigan Constitution in terms of legislative intent, this Court concluded:
he two statutes are aimed at prohibiting conduct affecting distinct societal norms. The offense of involuntary manslaughter, which is contained in the Penal Code, requires a showing that the defendant acted in a grossly negligent, wanton, or reckless manner that caused the death of another. People v Moseler, 202 Mich App 296, 298; 508 NW2d 192 (1993). Thus, the offense can be characterized as one focusing on punishing grossly negligent conduct. In contrast, the OUI causing death statute, which is a provision of the Vehicle Code, is a strict liability offense that focuses on swiftly and surely punishing those who operate motor vehicles while under the influ
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