State v. Jackson
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Any dismissal of a count in an indictment resolves that count and does not prevent a judgment of conviction from being final and appealable.
Defendant was indicted on two counts of kidnapping, two counts of aggravated robbery, and one count of grand theft. The jury returned a verdict of guilty on all counts except the kidnapping counts. The trial court declared a mistrial on the kidnapping counts, and the trial court dismissed those counts. The trial court entered judgment on the convictions. When Defendant appealed his judgment of conviction, the court of appeals dismissed the appeal for lack of a final, appealable order because the trial court had dismissed the kidnapping counts without prejudice. The Supreme Court reversed the judgment of the court of appeals, reinstated Defendant’s appeal, and remanded the cause to the appellate court for further proceedings, holding that a dismissal without prejudice of a count in a multipoint indictment does not prevent the judgment of conviction on the remaining counts from being a final, appealable order.
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