State v. Colby

G. BARRY ANDERSON, Judge

(concurring specially).

I concur in the result because the detailed and thorough analysis of the majority opinion makes clear that the combination of Krotzer, Foss, and recent legislative enactments requires reversal here.

And while I agree with the majority analysis, that combination of factors leading to reversal in this matter also leads to the concern that there may be no effective check on the exercise of prosecutorial discretion. Whether that was the intended result is an issue for others to address.