Missouri Court of Appeals, Western District / Dec 13, 2022
State of Missouri vs. Semaj Harris
The State of Missouri appealed the trial court's dismissal of charges against Semaj Harris, arguing the court exceeded its authority by dismissing charges with prejudice and that a prior plea did not bar prosecution for armed criminal action. The appellate court affirmed in part and reversed in part. It held that the trial court erred in dismissing felony murder and first-degree robbery charges with prejudice, as this interfered with an ongoing deferred prosecution agreement, and ordered them dismissed without prejudice. However, the court affirmed the dismissal with prejudice of the armed criminal action charge, finding the DPA ambiguous and construing it against the State to prohibit that prosecution.