Starkey v. State

OPINION

Judge ALLARD.

In this petition for interlocutory review, we are asked to decide whether the superior court violated due process and the prohibition against double jeopardy when it rescinded a prior court order erroneously discharging a defendant from probation and setting aside his conviction. For the reasons explained here, we conclude that the court had the authority to rescind its plainly erroneous discharge and set-aside order.

Factual background and prior proceedings

Following a bench trial, Dale G. Starkey was convicted of fourth-degree misconduct involving a controlled substance…