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STATE v. KRAMER

No. 07-1202.

760 N.W.2d 190 (2009)

STATE of Iowa, Appellant, v. John Joseph KRAMER, Appellee.

Supreme Court of Iowa.

January 30, 2009.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, Gary Allison, County Attorney, and Alan R. Ostergren, Assistant County Attorney, for appellant.

Thomas G. Reidel, Muscatine, for appellee.

BAKER, Justice.

The State appeals the trial court's dismissal of this criminal case on double jeopardy grounds. Initially, the court orally granted the defendant's motion for judgment of acquittal for insufficiency of the evidence, but then immediately reversed this ruling upon being informed that the evidence thought lacking was in the record. Upon the defendant's objection that this reversal violated the Double Jeopardy Clause, the court dismissed the case. We are...

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