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STATE v. EPLER

No. 16702-0-III.

969 P.2d 498 (1999)

93 Wash.App. 520

STATE of Washington, Petitioner, v. Michael D. EPLER, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

January 5, 1999.

Attorney(s) appearing for the Case

Kathryn Lee, Deputy Prosecutor, Spokane, for Petitioner.

Carl E. Hueber, Winston & Cashatt, Spokane, for Respondent.

Sherrie Wright, Spokane, pro se.

SWEENEY, A.C.J.

Michael D. Eler was tried in district court on June 14, 1996, on a charge of driving while under the influence (DUI). The trial judge declared a mistrial after the jury deadlocked. The State sought a new trial on the DUI and added a new charge of reckless driving based on the same incident. Mr. Epler moved to dismiss the reckless driving charge on double jeopardy grounds. The State then voluntarily dismissed the reckless driving charge but not the...

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