STATE v. BOGGS

No. 05-1625.

741 N.W.2d 492 (2007)

STATE of Iowa, Appellee v. David Michael BOGGS, Appellant.

Supreme Court of Iowa.

November 16, 2007.


Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Theresa Wilson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, and Daniel Feistner, County Attorney, for appellee.


CADY, Justice.

In this appeal, we must interpret a statutory provision relating to double jeopardy to determine if a defendant can be subjected to a retrial for a greater offense after reversal of a conviction for a lesser offense, when the greater offense was originally charged but dismissed during the first prosecution as part of an agreement between the parties in which the defendant waived a jury trial and agreed to a trial on the minutes of testimony on the lesser...

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