SALT LAKE CITY v. REYES-GUTIERREZ

No. 20150755-CA.

405 P.3d 781 (2017)

2017 UT App 161

SALT LAKE CITY, Appellee, v. Rafael REYES-GUTIERREZ, Appellant.

Court of Appeals of Utah.

Filed August 24, 2017.


Attorney(s) appearing for the Case

Melissa G. Stirba , Attorney for Appellant.

Simarjit S. Gill and Curtis M. Tuttle , Attorneys for Appellee.

Judge Jill M. Pohlman authored this Opinion, in which Judges Stephen L. Roth and Michele M. Christiansen concurred.


Opinion

¶ 1 After his first trial ended in a mistrial granted on his own motion, Defendant Rafael Reyes-Gutierrez was retried and convicted of one count of retail theft, a class A misdemeanor. Reyes-Gutierrez appeals his conviction on double jeopardy grounds, asserting that the prosecutor goaded him into seeking a...

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