BELL, Chief Judge.
The question this case presents is whether and, if so, when, the State may proceed with the prosecution of a lesser included offense of a charge that it has specifically nolle prossed. We shall hold that it may do so, but only when, at the time of the entry of the nolle pros, the State has clearly made known its intention to proceed with the lesser offense. We further hold that, in this case, that was not done. Accordingly, we shall affirm the judgment...
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