OPINION
DONNELLY, Chief Judge.
Defendant pursues this interlocutory appeal from the trial court's order granting a mistrial following commencement of his trial for criminal sexual penetration, contrary to NMSA 1978, Section 30-9-11. The issue presented is whether a retrial of defendant is barred under principles of double jeopardy.
The facts as they relate to the claim of double jeopardy are as follows: Defendant was charged with criminal sexual...
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