Missouri Court of Appeals, Western District / Apr 23, 2019
State of Missouri vs. Dymon D. Thompson
The State of Missouri appealed the trial court's dismissal of one count of a two-count information against Dymon D. Thompson, who was charged with possession of a controlled substance and unlawful use of a weapon. Thompson argued the possession charge was a lesser-included offense barred by double jeopardy. The appellate court reversed the dismissal, holding that the trial court's pre-trial dismissal was a final, appealable judgment, but that the double jeopardy protection against multiple punishments does not attach until sentencing, making the motion premature. The case was remanded for trial on both charges.