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STATE v. SHEETS

No. 22926-2-III.

115 P.3d 1004 (2005)

STATE of Washington, Respondent, v. Jayson Porter SHEETS, Appellant.

The Court of Appeals of Washington, Division Three, Panel Five.

June 21, 2005.

Attorney(s) appearing for the Case

James E. Egan, Attorney at Law, Kennewick, WA, for Appellant.

Andrew K. Miller, Scott W. Johnson, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

KURTZ, J.

¶ 1 When a mistrial is granted without the defendant's consent and after jeopardy has attached, a retrial is barred by double jeopardy principles unless the mistrial was justified by a "manifest necessity." State v. Graham, 91 Wn.App. 663, 667, 960 P.2d 457 (1998) (quoting State v. Eldridge, 17 Wn.App. 270, 276, 562 P.2d 276 (1977...

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