State v. Nitz

OPINION

BRYNER, Chief Judge.

In these consolidated appeals, the state contends that the superior court erred in dismissing three separate indictments against Richard Nitz. We conclude that it was error to dismiss Nitz’s third, and most recent, indictment; we therefore reverse. Our disposition makes it unnecessary to consider whether dismissal of Nitz’s earlier indictments was warranted.

FACTS

On October 8, 1982, Richard Nitz was arrested for sexually molesting his stepdaughter, T.K. Nitz was charged by indictment on October 12 with six counts of lewd and lascivious acts toward children (former AS…