State v. Brun

NOYES, Judge.

After he was charged with a misdemeanor, Defendant filed a demand for jury trial and a motion to suppress his statements. While the motion was pending, the State obtained dismissal of the misdemeanor and re-filed the case as a felony. Defendant then moved to dismiss the felony charge on grounds of presumed prosecutorial vindictiveness. The trial court granted the motion and the State appealed. Because we conclude that the facts show no reasonable likelihood of prosecutorial vindictiveness, we reverse the dismissal and remand for reinstatement of the felony charge.

I

During a July…