Jenkins v. Fourth Judicial District Court

OPINION

This original petition for a writ of prohibition challenges an order of the district court refusing to dismiss two of three alternative charges in a criminal complaint after petitioner pleaded no contest to the third charge. Petitioner contends the district court’s decision to proceed to trial on the remaining charges violates his Fifth Amendment right not to be prosecuted twice for the same offense. Petitioner contends further that the district court exceeded its jurisdiction in refusing to dismiss the remaining charges.

Petitioner was charged with three alternative offenses within one…