State v. Davis and Double Jeopardy v. Statutory Construction

[Update: the state supreme court reviewed this case, reversing in part, as described here.] The court of appeals published its opinion in State v. Davis this week, a case in which it affirmed the defendant's convictions for felony serious injury by vehicle, assault with a deadly weapon inflicting serious injury, two counts of felony death by vehicle, and two counts of second degree murder arising from a traffic accident in which two people were killed and another was seriously injured after the defendant, who was driving while impaired, crashed into their vehicle. Davis' cumulative sentence exceeds 35 years. Most of the opinion was dedicated to the court's analysis in support of its determination that the state presented sufficient evidence of malice to support the conviction for second degree murder and sufficient evidence of intent to support the conviction for assault with a deadly weapon inflicting serious injury. The court dismissed the defendant's argument that the trial court violated double jeopardy principles and the "clear meaning from the statute" (Appellant's Brief at 24) by failing to arrest judgment for his convictions of felony death by vehicle and felony serious injury by vehicle when he was also sentenced for second degree murder and assault with a deadly weapon inflicting serious injury based on the same conduct. The defendant didn't object to the "purported double jeopardy violation" at trial; thus, the court said he failed to preserve the issue for appellate review. And while it's my view that the defendant could not lawfully be [...]