State v. Kelley
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The Supreme Court dismissed Defendant's appeal of the denial of his plea in bar, holding that because Defendant's plea in bar did not present a colorable double jeopardy claim this Court lacked appellate jurisdiction.
Defendant was charged with one count of first degree sexual assault and one count of third degree sexual assault of a child. The alleged victim of both crimes was T.K. Defendant filed a plea in bar asserting that he entered guilty pleas to certain criminal charges as part of an agreement in which the State agreed not to bring any charges alleging that he sexually assaulted T.K. Defendant argued that by filing criminal charges it had previously agreed not to bring the State violated his double jeopardy protections. The district court overruled the plea in bar. The Supreme Court dismissed Defendant's appeal for lack of jurisdiction, holding that Defendant did not present a colorable double jeopardy claim, and therefore, the order overruling his plea in bar was not a final, appealable order.
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