STATE v. SALAZAR

No. 17675.

946 P.2d 227 (1997)

124 N.M. 23

1997-NMCA-088

STATE of New Mexico, Plaintiff-Appellee, v. David SALAZAR, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 17, 1997.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Arthur W. Pepin, Asst. Attorney General, Santa Fe, for Appellee.

Steven G. Farber, Santa Fe, for Appellant.


OPINION

APODACA, Judge.

1. Defendant appeals the trial court's order denying his motion to dismiss the indictment against him on double jeopardy grounds. He argues that the trial court abused its discretion in declaring a mistrial due to a manifest necessity because of juror disability. The mistrial was declared after the jury had already been sworn and seated for Defendant's trial. We are unpersuaded that the trial court abused its discretion and...

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