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STATE v. HARRIS

No. 20020656.

104 P.3d 1250 (2004)

2004 UT 103

STATE of Utah, Plaintiff and Appellee, v. Dustyn HARRIS, Defendant and Appellant.

Supreme Court of Utah.

December 10, 2004.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kris C. Leonard, David C. Cundick, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

J. Franklin Allred, Erda, for defendant.

NEHRING, Justice:

¶ 1 In this interlocutory appeal, we address whether the trial court erred in denying defendant Dustyn Harris's motion to dismiss. Specifically, we examine whether the double jeopardy provision of the Utah Constitution prohibits Mr. Harris's retrial where the first trial judge, after discovering that the courtroom recording equipment had failed to record the morning trial proceedings, declared a mistrial...

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