Murray, Raymond Desmond

KELLER, P.J.,

delivered the unanimous opinion of the Court.

Pursuant to an agreement, appellant pled guilty in district court to a misdemeanor offense. This misdemeanor offense was not included within the charged offense under the cognate-pleadings test adopted in Hall v. State. 1 After the case was taken under advisement, appellant objected to further proceedings on this offense. We hold that the cognate-pleadings test adopted in Hall applies to all prosecutions, whether trial is had before judge or jury. We also hold that, under the circumstances presented here, appellant was not estopped…