State v. Selva

STATON, Judge.

Rick Selva was originally charged under four separate informations with a burglary and three thefts. The State later dismissed the four cases and filed a ten-count information which included those four charges and six others arising out of the same incidents. Selva moved to dismiss the ten-count information, alleging that it was vindictively filed. The trial court granted the motion and reinstated the original four cases. The State appeals. The issue we must consider is whether the trial court erred in dismissing the information because of prosecutorial vindictiveness.1

Affirmed…