State v. Surratt

OPINION

DANIELS, Justice.

{1} Following a second trial, Defendant Danny Surratt was convicted of criminal sexual penetration of a minor. Defendant appealed his conviction, claiming the district attorney serving as special prosecutor at the second trial lacked the authority to prosecute the case because his appointment by the first special prosecutor, also a district attorney, was invalid. Defendant maintained that the Lea County District Court was thereby divested of jurisdiction over his criminal proceedings. The Court of Appeals agreed with Defendant and reversed his conviction, effectively…