State v. Berry

¶ 1. Joshua Java Berry appeals a non-final order denying his motion to dismiss.1 Berry argues that because the circuit court previously dismissed a charge of possession of a firearm as a felon contrary to Wis. Stat. § 941.29(2)(a) (2013-14) with prejudice, his right to be free from double jeopardy was violated by denying his motion to dismiss a subsequent charge of possession of a firearm as someone who has been adjudicated delinquent contrary to § 941.29(2)(b).2 We disagree and affirm.

Background

¶ 2. On January 7, 2014, a Milwaukee police officer stopped a car in which Berry was a backseat…