State v. Gartrell

Defendant-appellant Tony Gartrell, on appeal from his conviction of robbery, presents a single assignment of error in which he challenges the denial of his pretrial motion to dismiss the robbery charge. In support of this challenge, the appellant cites his previous conviction in Hamilton County Munich pal Court for disorderly conduct and contends that the state and federal constitutional guarantees against double jeopardy bar his prosecution for robbery because his disorderly conduct conviction and the robbery charge were predicated upon the same conduct and disorderly conduct is a lesser…