I have a stalking case and a burg of hab case. I was using the burg of hab case as one of the incidents in the stalking indictment. It was brought up that you can't both allege something as part of stalking and then also charge it as an offense... anyone know the answer to this? I don't need the burg of hab to charge the stalking--but it would be nice to have it in there.

KPM:

Check out Ex Parte Reese at 23 sw3rd 54.
Also Marston, not published, at 2007 WL 3197743.

Happy Hunting.