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State v. Sosa6/18/1997
ch statute may be violated independent of the other, weighing in favor of separate sentencing for each offense. Id. It is possible to commit aggravated assault without shooting into a vehicle and it is possible to shoot into a vehicle causing injury or damage without committing assault.
{40} We conclude that the legislature intended separate punishments for each offense. The district court did not violate Sosa's right to be free from double jeopardy by sentencing him for aggravated assault with a deadly weapon and for shooting into an occupied vehicle.
IV.
{41} We conclude that the district court did not abuse its discretion at any time; Sosa received effective assistance of counsel; the jury received an erroneous instruction on involuntary manslaughter which amounted to fundamental and harmful error; no other jury instructions were so deficient as to rise to require reversal of the convictions; and Sosa was not subject to double jeopardy at the sentencing stage of the proceeding. We affirm the district court's rulings with the exception of Sosa's conviction for involuntary manslaughter. We now remand for resentencing and entry of an amended judgment.
{42} IT IS SO ORDERED.
JOSEPH F. BACA, Justice
WE CONCUR:
PATRICIO M. SERNA, Justice
DAN A. McKINNON, III, Justice
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