Benson v. State

*693OPINION

By the Court,

Rose, J.:

Appellant Richard Lee Benson, Jr. was charged with three counts of sexual assault. During Benson’s first trial, the prosecutor moved for a mistrial, and the district court held Benson’s counsel in criminal contempt and declared a mistrial. This court granted Benson’s counsel’s petition for a writ of mandamus, concluding that the trial court had abused its discretion in finding him in contempt. The district court denied Benson’s motion to dismiss the charges on grounds of double jeopardy, and a second trial was held. The jury found him guilty on all three counts.

We…