STATE v. LEROY

No. C0-98-1247.

604 N.W.2d 75 (1999)

STATE of Minnesota, Respondent, v. Susan LEROY, petitioner, Appellant.

Supreme Court of Minnesota.

December 30, 1999.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawerence Hammerling, Deputy State Public Defender, Minneapolis, for appellant.

Michael A. Hatch, State Attorney General, St. Paul, David J. Hauser, Otter Tail County Attorney, Michelle M. Eldien, Asst. Otter Tail County Attorney, Fergus Falls, for respondent.

Considered and decided by the court en banc without oral argument.


OPINION

LANCASTER, Justice.

The issue presented in this case arose in an unusual context in which defense counsel moved for a mistrial after learning that the defendant had been found not guilty of one of two charges against her. Because the motion was made after the jury's verdict was read into the record and the jury polled, we hold that double jeopardy bars retrial on the count of acquittal. No motion for a new trial on the count of conviction was made...

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