State v. Montoya

OPINION

WOOD, Chief Judge.

This appeal, from the trial court’s dismissal of the indictment, presents issues concerning: (1) double jeopardy, and (2) jurisdiction of the trial court.

A delinquency petition was filed in the Children’s Court alleging: (a) D.W.I. (driving while under the influence of intoxicating liquor or drugs), (b) reckless driving, (c) involuntary manslaughter, and (d) homicide by vehicle. During the trial on these charges before a Children’s Court jury, defendant’s motion for a mistrial was granted. Thereafter, the Children’s Court dismissed allegations (a), (b) and (d) with…