PEOPLE v. PAUL

No. 02CA0199.

83 P.3d 1171 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kevin PAUL, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Certiorari Granted February 17, 2003.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Monica M. Marquez, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Thomas D. Silverman, P.C., Theodore G. Hess, Glenwood Springs, Colorado, for Defendant-Appellant.


Opinion by Judge CASEBOLT.

Defendant, Kevin Paul, appeals the order denying his motion to dismiss the criminal charges against him. He asserts that the Double Jeopardy Clauses of the United States and Colorado Constitutions bar his retrial following the trial court's declaration of a mistrial. We disagree and therefore affirm.

The prosecution charged defendant with vehicular assault and driving under the influence. In violation of the discovery deadline imposed...

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