State Ex Rel. Juvenile Department v. Nelson

The state appeals an order of the juvenile court dismissing a delinquency petition on former jeopardy grounds. We reverse.

In August, 1989, child, then 16 years of age, was charged in a 12-count delinquency petition (the first petition) with two counts of rape in the first degree, four counts of sodomy in the first degree and six counts of sexual penetration with a foreign object in the first degree. The petition alleged that the victims were a five-year-old girl and her three-year-old brother and that all of the acts occurred between December 1, 1988, and January 31, 1989.

An adjudicatory…