Per Curiam

The proper sentence to avoid double jeopardy violation, where defendant caused three deaths while operating a vehicle under the influence of drugs and fleeing police, was guilt for one count of Level 3 felony resisting law enforcement causing death; two counts of Level 4 felony operating causing death; and one count of Level 6 felony operating causing serious bodily injury.

A second or successive post-conviction petition is subject to the screening procedure outlined in P-C. R. 1(12) and must have appellate court authorization to proceed; however, a post-conviction petition that raises only issues emerging from a new trial, new sentencing, or new appeal obtained from a federal court through habeas proceedings is not a “second” or “successive” petition and does not require prior authorization.

Trial judges should use both the written advisement of rights form together with the dialogue set forth in the Criminal Benchbook when advising defendants of their rights in a misdemeanor case.

Two or more distinct offenses may be enhanced due to the use of the same weapon during the commission of each offense, but double jeopardy protections prevent enhancement due to the continuous possession of the weapon.