City of Salina v. Amador

Malone, J.:

The City of Salina (City) appeals the district court’s dismissal of criminal charges against John Leroy Amador based upon a double jeopardy violation. We reverse, concluding that Amador’s double jeopardy rights were not violated.

Amador was convicted of battery and criminal damage to property in Salina Municipal Court on November 8, 2001. He appealed his conviction to the district court and a trial de novo was scheduled for January 28,2002. On the day of the trial, the City was not ready to proceed because three witnesses it believed were necessary to prove the charges were not…