Newry v. State

FARMER, Judge.

Newry was held in direct criminal contempt and sentenced to five months in the county jail for perjury committed during a hearing on whether she had violated her probation. Four days after sentencing, the state charged her by information with committing the same perjury. She moved to dismiss the information on the grounds that it was barred by the double jeopardy clause, because she was found in contempt and jailed for the same act. The trial judge denied her motion; she pleaded no contest and reserved the issue; she now appeals from the final judgment convicting her of the…