State v. Roach

CLIFFORD H. AHRENS, Presiding Judge.

The State appeals the trial court’s judgment dismissing one count of an indictment against Defendant Edward Roach on grounds of double jeopardy after Defendant pled guilty to the same charge in federal court. We reverse and remand.

The State charged Defendant, as a prior offender, with unlawful use of a weapon (count I) and unlawful possession of a firearm due to his status as a felon (count II). While those charges were pending, the U.S. Attorney filed a federal charge against Defendant for unlawful possession of a firearm stemming from the same incident.…