State v. Gragg

HERSEY, Judge.

The state appeals from an order dismissing one count of an Information filed against appellee. The basis for dismissal was application of the doctrine of collateral estoppel. We reverse.

This, apparently, is a case of first impression and presents a very troublesome issue. In order to gain an insight into that issue we consider first the procedural framework and then the factual background which gave rise to this problem at the trial court level.

The appellee was charged by Information with aggravated battery by use of a firearm (in Count I), possession of a firearm by a convicted…