Larios v. Superior Court

Opinion

BIRD, C. J.

— Petitioner, Armando Larios, seeks a writ of prohibition to prevent further criminal proceedings against him. This court must determine whether a retrial of this case would violate a person’s right not to be placed twice in jeopardy.

I

Petitioner was charged with the robbery of a daily store in which $250 was taken. A jury was impaneled and sworn without alternates. Petitioner testified in his own defense that he was not in the dairy store on May 13, the day of the robbery. He testified that on that morning, he had gone with a cousin to Two Guys Department Store to buy some…