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STATE v. QUINN

No. 91-2995-CR.

169 Wis.2d 620 (1992)

486 N.W.2d 542

STATE of Wisconsin, Plaintiff-Respondent, v. Mark QUINN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 3, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general and David J. Becker, assistant attorney general.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

ANDERSON, J.

Mark Quinn appeals from a judgment of conviction and a postconviction order denying his motion to vacate the conviction on double jeopardy grounds. The issue is whether double jeopardy barred a second trial after Quinn successfully moved for a mistrial of the first trial. We affirm because the trial court's finding that the prosecutor's action was not done with the intent to provoke a mistrial is not clearly erroneous.

Quinn was charged with two...

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