Royce Palmer v. State

DILLARD, Presiding Judge.

Royce Palmer and Brandon Ellerbee appeal from the trial court’s denial of their pleas in bar. Following that denial, both appellants were convicted, in a stipulated bench trial in Calhoun County, of theft by taking and criminal trespass and sentenced under the First Offender Act. Palmer and Ellerbee argue that the trial court erred in denying their pleas in bar when their prosecutions in Calhoun County were barred by double jeopardy because both had entered into a pretrial diversion program in Irwin County with regard to the same criminal conduct at issue in Calhoun…