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STATE v. MELTON

Nos. 41738-0-I, 42063-1-I.

983 P.2d 699 (1999)

97 Wash.App. 327

STATE of Washington, Respondent, v. John MELTON, Appellant.

Court of Appeals of Washington, Division 1.

September 7, 1999.

Attorney(s) appearing for the Case

Stella Buder, Washington Appellant Project, Seattle, for Appellant.

Charles Lind, King County Deputy Pros. Atty., Seattle, for Respondent.

PER CURIAM.

After jeopardy attached in John Melton's first prosecution for robbery and assault, the trial court declared a mistrial due to defense counsel's absence from trial due to illness. When his second trial commenced, Melton unsuccessfully moved to dismiss on the ground that further prosecution was barred by double jeopardy. A jury subsequently convicted him of first degree robbery, and he appeals. Because the court did not abuse its discretion in declaring...

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