Tanks v. State

BLACKBURN, Presiding Judge.

Christopher Tanks appeals the denial of his motion to dismiss an indictment which alleges he committed aggravated stalking 1 by surveilling his child’s mother in violation of a protective order. Specifically, Tanks contends that the prosecution of the indictment, which followed a contempt proceeding based on the same alleged acts, violates the constitutional bar against double jeopardy. For the reasons that follow, we must vacate and remand.

Tanks asserts legal error, which we review de novo. See Cutter v. State, 2 The undisputed record shows that in April 2004, the…