Nelson v. State

In respect to the double-jeopardy claim, without determining whether it had any merit when initially asserted, it is apparent that the defense was waived. After the defendant’s assertion of the double-jeopardy defense in the circuit court and after the motion was set down for hearing, the defendant elected to plead guilty to the burglary and heroin charges in exchange for the state’s agreement to dismiss the two felony theft charges. Defendant throughout these proceedings had counsel, and it is apparent that both defendant and counsel knew of the possible defense of double jeopardy and…