State v. Andrews
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The Supreme Court reversed the decision of the circuit court sustaining Defendant's motion to dismiss one count of possession of a controlled substance, holding that the circuit court's decision to dismiss the possession count on double jeopardy grounds was erroneous.
Defendant was charged with five counts, including the possession count and one count of unlawful use of a weapon by possessing a firearm while in possession of a controlled substance (UUW-possession), all stemming from the same incident. Defendant plead guilty to all counts except the possession count, arguing that because he had been convicted of the greater offense of UUW-possession via his guilty plea, any subsequent prosecution for possession would constitute a double jeopardy violation. The circuit court dismissed the possession count. The Supreme Court reversed, holding that the circuit court erred by dismissing the possession count against Defendant.
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