State v. Campbell

OPINION

DROWOTA, Justice.

The sole issue on this appeal is whether the Court of Criminal Appeals was in error in holding that, where the prosecuting instrument is a warrant, the ultimate disposition of the case must be on that charging instrument; and the State cannot prosecute a defendant on a presentment (or indictment) after the dismissal of the warrant. We granted the State’s Rule 11 application for permission to appeal in order to determine the propriety of bringing a presentment against a defendant, after the trial judge’s dismissal of what he termed a warrant that was void initially…