S. Ct. Crim. No. 2011-0114

Convictions for driving under the influence of an intoxicating liquor, operating a motor vehicle in a reckless manner, and failure to stop at a red light, are all affirmed. Failure to stop at a red light is a valid crime in the Virgin Islands under 20 V.I.R.R. § 491-52(a) - a regulation promulgated by the Police Commissioner - and 20 V.I.C. §§ 491 and 544(f). The People introduced sufficient evidence to sustain the defendant's convictions on these charges, and he has identified no other error that would warrant setting them aside. However, since the convictions for failure to stop at a red light and reckless driving arose from an indivisible course of conduct, the corresponding sentences for those offenses are vacated and the matter is remanded to the Superior Court so that it may impose a sentence which complies with 14 V.I.C. § 104. Additionally, depending on which of those offenses is selected for imposition of punishment, the Superior Court is to directed to correct other ambiguities and errors that relate to the sentences for reckless driving and failure to stop at a red light, including references to "remaining conditions" imposed, and the concurrent nature of the sentences, and resolving any conflict between the written and oral sentences. The Superior Court must state, with specificity, exactly what sentence is being imposed for the offense it selects.