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STATE v. BREIT

No. 21954.

930 P.2d 792 (1996)

122 N.M. 655

STATE of New Mexico, Plaintiff-Appellee, v. Foster James BREIT, Defendant-Appellant.

Supreme Court of New Mexico.

December 6, 1996.

Attorney(s) appearing for the Case

Lamberton & Riedel, Hilary Lamberton, Santa Fe, for Appellant.

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Appellee.

OPINION

FRANCHINI, Justice.

[1] Foster James Breit was convicted for aggravated assault with a deadly weapon and the first-degree murder of Colvin Hill. However, the court granted a motion for a new trial because of extreme prosecutorial misconduct. Breit was convicted on retrial and sentenced to life in prison. On double-jeopardy grounds, we reverse the convictions and discharge Breit from any further prosecution in this matter.

[2] Double jeopardy...

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