ERICKSON, Chief Justice.
The defendant was tried and convicted by a jury of first degree sexual assault. Section 18-3-402, C.R.S.1973 (1978 Repl.Vol. 8). A motion for judgment of acquittal was denied, but defense counsel's motion for a mistrial based upon prosecutorial misconduct was granted. When the matter was set for retrial, defense counsel asserted that the double jeopardy provision of the Fifth Amendment to the United States Constitution foreclosed a new trial...
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