State v. Torres

The Court adheres to our traditional rule under Article I, § 14, as to when jeopardy attaches in a bench trial. See at 420. While joining that reaffirmation, I deem it appropriate to address some ancillary problems presented in the trial proceedings after appellee pled not guilty to the charging instrument.

The rule is particularly applicable here in that after denying the motion to amend the trial court invited the State to present its evidence;1 the prosecutor responded the State had no evidence.2 The judge then inquired whether the State was “thereby dismissing at this time,” and the…