Jorgensen v. State

STATEMENT OF THE CASE

BISHOP, Judge.

On March 25, 1988, appellant, Leland Ronald Jorgensen, and his brother, Paul, were charged in the District Court for Frederick County with assault and battery. Appellant requested a jury trial, and his case was transferred to the Circuit Court for Frederick County. The appellant filed a Motion to Dismiss claiming collateral estoppel based on his brother’s acquittal in the District Court. The motion was denied. A jury convicted appellant of battery and he was sentenced to ninety days incarceration, all of which was suspended in favor of two years supervised…