State v. Lee

ARNOLD, Judge.

Defendant challenges the denial of his motion to dismiss the indictment on the claim of double jeopardy. He asserts that the State, by dismissing the case arising from the magistrate’s order, which the district court judge limited to a misdemeanor proceeding, and then trying defendant on the felony based on a warrant and indictment, subjected defendant to double jeopardy for the same offense in violation of the United States Constitution. In the alternative, defendant claims that the prosecutor was estopped from trying the defendant on anything other than a misdemeanor through…