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COUNTY OF LOS ALAMOS v. TAPIA

No. 18304.

790 P.2d 1017 (1990)

COUNTY OF LOS ALAMOS, Petitioner, v. Joe D. TAPIA, Respondent.

Supreme Court of New Mexico.

April 12, 1990.

Attorney(s) appearing for the Case

Byron L. Treaster, Los Alamos, for petitioner.

Griffith, Boone & Cruse, P. Reid Griffith, Jr., Los Alamos, for respondent.

OPINION

MONTGOMERY, Justice.

In the trial of a criminal case, after jeopardy attaches,1 one of three outcomes is possible: The trial may be completed and the defendant acquitted; the trial may be completed and the defendant convicted; or the trial may not be completed at all, in which case it will have been aborted by some ruling of the trial court. In the first situation, it has been settled for almost a century that the Double...

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