District of Columbia v. Whitley

KING, Associate Judge:

This case presents two issues: whether the trial judge properly dismissed a criminal information on the ground that the facts set forth in the prosecutor’s opening statement were insufficient to establish a prima facie case 1 and, if the trial judge erred in dismissing on that ground, whether double jeopardy principles bar further prosecution.

The Office of Corporation Counsel appeals the trial court’s dismissal of informations charging appellee with operating a motor vehicle while intoxicated, 2 operating a motor vehicle without a permit, 3 and operating an unregistered…