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STATE v. ROESCHELEIN

No. A09-203.

776 N.W.2d 480 (2009)

STATE of Minnesota, Respondent, v. John Richard ROESCHELEIN, Appellant.

Court of Appeals of Minnesota.

December 29, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Amy R. Brosnahan, Kanabec County Attorney, Reese Frederickson, Assistant County Attorney, Mora, MN, for respondent.

John R. Roeschelein, pro se appellant.

Considered and decided by SCHELLHAS, Presiding Judge; LARKIN, Judge; and HARTEN, Judge.

OPINION

SCHELLHAS, Judge.

Following a mistrial declared without his consent and a conviction in his retrial, appellant challenges the district court's denial of his motion to dismiss on the basis of double jeopardy. Because the district court did not consider less drastic alternatives when it declared a mistrial without the defendant's consent, we reverse.

FACTS

On December 29, 2007, the state charged appellant John Richard Roeschelein...

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