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MONTOYA v. STATE

S-16-0130.

386 P.3d 344 (2016)

2016 WY 127

Gabriel Eliajah MONTOYA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 28, 2016.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane M. Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; David E. Westling , Senior Assistant Appellate Counsel.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Joshua C. Eames , Assistant Attorney General; Darrell D. Jackson , Faculty Director, and Kevin T. Farrelly , Student Director, Prosecution Assistance Program, University of Wyoming, College of Law.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

[¶ 1] After his first jury trial ended in a mistrial, a second jury found Gabriel Eliajah Montoya guilty of felony stalking. Mr. Montoya appeals his conviction, claiming his second trial violated his right against double jeopardy because the prosecutor provoked him into moving for a mistrial. We affirm.

ISSUE<...

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