State v. Pacheco

OPINION

DONNELLY, J.

{1} The State appeals from an order granting a mistrial and dismissing charges against Defendant for aggravated DWI, driving with a suspended or revoked license, reckless driving, and operating an uninsured motor vehicle upon a public highway. The single issue presented on appeal is whether the trial court erred in ruling that retrial would violate the Double Jeopardy Clause of the New Mexico Constitution, Article II, Section 15. For the reasons discussed herein, we reverse.

FACTS

{2} Defendant was charged by a grand jury indictment of four offenses growing out of his alleged…