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STATE v. STORER

No. SD 31303.

368 S.W.3d 293 (2012)

STATE of Missouri, Plaintiff-Appellant, v. James Douglas STORER, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied May 15, 2012.

Application for Transfer Denied July 3, 2012.

Attorney(s) appearing for the Case

Chris Koster , Attorney General, and James B. Farnsworth , Assistant Attorney General, Jefferson City, MO, for appellant.

Karie Comstock , District Public Defender, Lebanon, MO, for respondent.

GARY W. LYNCH, Judge.

The State appeals the trial court's order dismissing with prejudice a felony information filed against James Douglas Storer ("Defendant"), urging that the dismissal was improper under a constitutional jeopardy analysis based upon the Fifth Amendment of the United States Constitution and article I, section 19, of the Missouri Constitution. This Court declines to engage in such an analysis because regardless of whether the dismissal was constitutionally...

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