State v. Boze

STATON, Presiding Judge.

The State appeals the trial court's dismissal of a charge of attempted murder levied against Boze. The issue presented for review is:

Whether the trial court's dismissal, based on a defense of double jeopardy to a charge of attempted murder was proper when the defendant pled guilty to battery immediately before moving for dismissal of the attempted murder charge?

Reversed.

Officer Gonzalez was attacked by Boze with a knife and sustained cuts on his elbow, forehead and scalp. During the attack, Boze told the officer he was going to "get him" and that he was going to stab…