State v. Storer

GARY W. LYNCH, Judge.

The State appeals an order dismissing with prejudice four of six counts in a felony information filed against James Douglas Storer (“Defendant”). Finding that it is premature, we dismiss the State’s appeal.

Factual and Procedural Background

Previously, in another case, Defendant was charged with three counts of statutory sodomy in the first degree and one count of forcible sodomy, all involving the same victim. That case was tried before and submitted to a jury in February 2009. Following several hours of the jury’s deliberation without being able to reach a verdict, the…