Morley v. State

SMITH, Judge.

We reverse appellant’s conviction of the crime of escape on the ground that the trial court’s prior order dismissing the information, appealed to but not reversed by this court, barred the subsequent prosecution of appellant on the same charge.

The facts are simple and not in dispute. An information was filed charging appellant with the offense of escape from Union Correctional Institution. On motion of the defendant, the trial court dismissed the information based upon deprivations of appellant’s rights to speedy trial, right to counsel, due process and equal protection. The…