State v. Boozer

McAULIFFE, Judge.

The issue before us is whether a defendant once placed in jeopardy on a charge of committing a fourth degree sexual offense may be subjected to a second prosecution for attempted fourth degree sexual offense when both charges arose out of the same criminal episode but the State alleged separate acts by the defendant in each charging document. We hold that the second prosecution is permitted under the facts of this case.

Hampton Boozer was initially charged in the District Court of Maryland. The statement of charges alleged that the defendant “[d]id engage in a sexual act with…