Jaramillo v. State

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 76A083-08306-CR-209.

SULLIVAN, Justice.

At issue in this appeal is whether the Double Jeopardy Clause of the U.S. Con stitution bars re-trial of a habitual offender enhancement set aside on appeal for insufficient evidence. Although this Court has often held that it does, we conclude that those holdings are no longer good law in light of Monge v. California, 524 U.S. 721, 118 S.Ct. 2246, 141 L.Ed.2d 615 (1998).

Background

Following a collision in August, 2002, in which a man was killed, Defendant Valentin Jaramillo was charged with…