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STATE v. DUCKETT

No. 83-2113.

120 Wis.2d 646 (1984)

STATE of Wisconsin, Plaintiff-Respondent, v. Robert L. DUCKETT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 12, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael W. Tobin of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Marguerite M. Moeller, assistant attorney general, of counsel, of Madison.

Before Wedemeyer, P.J., Moser and Sullivan, JJ.

SULLIVAN, J.

Robert L. Duckett (Duckett) appeals from an order of the trial court denying his post-conviction motion to vacate his sentence on the ground that it was imposed in violation of the double jeopardy clauses of the state and federal constitutions. The dispositive issue is whether a mistrial, granted on motion of the prosecutor, was manifestly necessary. We affirm.

Duckett was originally charged with first...

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