State v. Proctor

ROBERTSON, Judge.

The plaintiff-appellant State is appealing the granting of a motion to dismiss charges pending against the defendant-appellee Proctor. The basis of the dismissal is double jeopardy.

Proctor was initially charged with several offenses and over a period of time substantial procedural skirmishing occurred. At a pre-trial conference the parties agreed and stipulated that the trial judge was to view a video tape made of Proctor at the time of his arrest. The parties also agreed that the trial judge was to view the tape prior to the bench trial, which he did. The State subsequently…