State v. Sahr
Annotate this CaseThe State charged Michael Sahr with first-degree criminal sexual contact. Defense counsel moved to dismiss the complaint, arguing that the facts, as alleged in the complaint, were insufficient to support the charged offense. The trial court dismissed the complaint. The State subsequently moved to file a new complaint charging Sahr with second-degree criminal conduct. The trial court denied the State's motion on the basis that filing a new complaint charging second-degree criminal sexual conduct would violate double jeopardy. The court of appeals remanded to the trial court for further proceedings. On remand, the trial court concluded (1) the offense set out in the proposed amended complaint was the "same offense" the court had dismissed in the original complaint and that jeopardy had attached before the complaint was dismissed; and (2) therefore, the signing of the proposed amended complaint would violate double jeopardy. The court of appeals reversed. The Supreme Court reversed the court of appeals, holding (1) the trial court's dismissal of the original complaint constituted an acquittal on the merits; and (2) Sahr's double jeopardy protections precluded the State from filing a new complaint charging Sahr with second-degree criminal sexual conduct and trying him on that offense.
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