State v. Fitzgerald

ALTENBERND, Judge.

The state appeals an order dismissing the information filed against Robert J. Fitzgerald. The trial court concluded it had lost jurisdiction because the state did not announce its intention to prosecute Mr. Fitzgerald during the term of a deferred prosecution agreement. We reverse.

On November 24, 1991, Mr. Fitzgerald allegedly choked his spouse and pushed her to the floor several times. She was 5½ months pregnant at the time. On December 19, 1991, the state filed an information charging him with battery of a pregnant woman, a second-degree felony. In February 1992, Mr.…