State v. Mieg

OPINION

HALL, Judge.

¶ 1 Following a mistrial declared when a state’s witness mentioned the offense for which defendant was arrested but not charged, the state obtained a new indictment adding the uncharged offense. The tidal court subsequently granted defendant’s motion to dismiss all charges with prejudice based on prosecutorial vindictiveness. Because we conclude that the undisputed facts fail to establish a prima facie case of vindictive prosecution, we reverse the dismissal and remand for reinstatement of the indictment.

BACKGROUND

¶ 2 Police stopped the car being driven by defendant after…