Imagine D charged with Class C assault. Prosecutor later determines Class A assault is more appropriate charge and intends to bump it up. If D quickly enters into a deferred on the Class C before the case is bumped up to a Class A, is prosecutor precluded from proceeding on the case as a class A?

The COA helpfully cleared this issue up late last year in Welsh v. State and McKithan v. State Cite Nos. PD-0969-09 & PD-0811-09. I would make the argument that since ABC is not a lesser included of ABI, it is not barred by Double Jeopardy....