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STATE v. LEROY

No. C0-98-1247.

594 N.W.2d 193 (1999)

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

Court of Appeals of Minnesota.

Review Granted July 28, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and David J. Hauser, Otter Tail County Attorney, Michelle M. Eldien, Assistant County Attorney, Fergus Falls, for respondent.

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

Considered and decided by PETERSON, Presiding Judge, FOLEY, Judge, and HOLTAN, Judge.

OPINION

HOLTAN, Judge.**

Appellant argues that double jeopardy bars her retrial on a fifth-degree assault charge on which the jury voted to acquit before declaration of a mistrial. We affirm.

FACTS

Appellant Susan Leroy was tried on one charge of disorderly conduct and one charge of fifth-degree assault. After receiving the verdict forms from the jury foreperson, the trial court discovered that the jury had...

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