Q: If an appeals court dismisses a charge of stalking, can the counnt of false statement continue as charged and valid
while being questioned by a kohls investigator, about a stalking incident, def stated he never saw or met the victims b4 said incident. def was arrested for giving a false statement, due to a video survailance showing him talking to victims 2 weeks prior. def. state he sincerely didnot remember the encounter with the victims prior to this incident. they charged him with stalking and giving a false statement in a government matter., and was sentenced to 5 years for the false statement, and 12 months for misdermeaner stalking charge. def appealed the charges and the the appellate court dismissed the stalking charges on insufficent eveidence, however the did not dismiss the false statement charge.also reversing all of his good time work time from his prior time served( 25 years) giving him a total of 7 years. if the stalking charge was dismissed, shouldnt the false statement also be dismissed? since there is no case to base the false statement on? and reversing his good time/work time?
A:
Something tells me that you don't have the facts straight. First, a Kohls investigator does not work for the government, so a statement to a private individual is not a statement to the government. Next, your facts indicate that the Court of Appeals considered your arguments about the false statement charge and let it remain. It is not a "lesser included offense" to the charge of stalking, it is a separate charge. So the Court found you gave a false statement to some government representative and you should have known better. Remember when your attorney told you "I don't remember that happening." is a valid answer?
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A: If you want to challenge this appeal court decision. It seems the only way to do that is to petition the higher appellate court to review the case.
A:
more info needed.
your statement to security is not to a governmental employee.
these are 2 separate crimes and dismissal of one does not affect the other.
if you went to trial you had a lawyer, either private or court appointed. S/he would have all the facts and be in a better position than any random lawyer responding to a question herein, with what I assume is not enough info.
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