STATE v. MENDOZA

No. 80-303-CR.

101 Wis.2d 654 (1981)

305 N.W.2d 166

STATE of Wisconsin, Plaintiff-Respondent, v. James Ray MENDOZA, Defendant-Petitioner.

Court of Appeals of Wisconsin.

Decided March 11, 1981.


Attorney(s) appearing for the Case

For the defendant-petitioner the cause was submitted on the briefs of Ann B. Petersen, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

Before Decker, C.J., Moser, P.J., and Cannon, J.


CANNON, J.

Defendant has sought leave to appeal from a nonfinal order denying his motion to dismiss. Defendant claims that in ordering a mistrial and a new trial because of juror illness, the trial court has placed him in double jeopardy contrary to the fifth and fourteenth amendments of the United States Constitution and art. I, §8 of the Wisconsin Constitution. We grant leave to appeal, and affirm on the merits.

Defendant was charged with five counts...

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