State v. Foster

This is a pretrial appeal by the State of Alabama pursuant to Rule 15.7, Ala. R.Crim. P., from an order of the Montgomery Circuit Court granting the motion of the appellee, Lakisha Foster, to dismiss her indictment. Foster was charged in a three-count indictment with first-degree criminal mischief, harassment, and third-degree criminal trespass. Her codefendant and husband, Frederick Foster, was tried and found guilty of second-degree criminal mischief and third-degree criminal trespass. At the conclusion of Frederick Foster's trial, Lakisha Foster made an oral motion to dismiss her…