PEOPLE v. MOORE

No. 81CA0826.

701 P.2d 1249 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lewis Roger MOORE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 30, 1985.

Certiorari Pending August 20, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H.

Forman, Sol. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Gerald E. Piper, Rachel Bellis, Deputy State Public Defenders, Denver, for defendant-appellant.


SMITH, Judge.

Defendant, Lewis Roger Moore, was charged and convicted of first degree murder after deliberation pursuant to § 18-3-102, C.R.S. (1978 Repl. Vol. 8). He appeals his conviction and sentence on three grounds: (1) that his constitutional right against double jeopardy barred his being brought to trial a second time after the trial court had, sua sponte, declared a mistrial and discharged the jury in the first trial; (2) that there was insufficient...

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