People v. Trimarco

I agree that an appellate court has a duty to determine if it has jurisdiction of an appeal. However, I disagree as to the manner of inquiry, the questions propounded, and the incorrect interpretation and application of precedent by the majority. I believe that we have jurisdiction over this appeal and that we should have addressed the merits of the appeal on the grounds of former (double) jeopardy. I will explain my conclusions later in this dissent, after first presenting a discussion of the doctrine of legal precedent. Without a correct understanding of legal precedent, the reader will not…