PEOPLE v. BACA

No. 27112.

562 P.2d 411 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Raymond Cruz BACA, a/k/a Raymond Cruz "Cornbread" Baca, a/k/a Ray Baca, a/k/a Ray Cruz Baca, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 25, 1977.


Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Patricia W. Robb, Warren T. Marshall, Deputy Dist. Attys., Pueblo, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Carol L. Gerstl, Deputy State Public Defender, Denver, for defendant-appellant.


ERICKSON, Justice.

This case presents the question of whether a mistrial, occasioned by the misconduct of the prosecutor and granted at the instance of and pursuant to a defense motion, can provide the basis for a claim of double jeopardy upon retrial of the defendant.

The defendant was convicted of the murder of Leroy Romero. In the course of an earlier trial on the same charge, the prosecutor called a witness in rebuttal and sought to obtain certain testimony...

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