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STATE v. WRICE

No. ED 88727.

235 S.W.3d 583 (2007)

STATE of Missouri, Appellant, v. Sedrick WRICE, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 16, 2007.

Attorney(s) appearing for the Case

Timothy O'Leary, Assistant Circuit Attorney, Office of the Circuit Attorney, The Carnahan Courthouse, Saint Louis, MO, for appellant.

Jessica M. Hathaway, Office of the State Public Defender, Saint Louis, MO, for respondent.

OPINION

GLENN A. NORTON, Judge.

The State of Missouri appeals the judgment of the trial court dismissing the case against Sedrick Wrice on the grounds that retrial was barred by the double jeopardy clause of the United States Constitution. See U.S. Const. amend. V. We affirm.

I. BACKGROUND

On March 25, 2004, Wrice was charged by way of indictment with robbery in the first degree and armed criminal action. At the arraignment...

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