State v. Reyes-Arreola

OPINION

HARTZ, Judge.

{1} Defendant’s first trial ended in a mistrial when the jury was unable to agree on a verdict. At his second trial he was convicted of distribution of a controlled substance. On appeal he contends that the district court improperly declared a mistrial at the conclusion of the first trial because there was no contemporaneous written order declaring a mistrial. He further contends that this defect was not cured when another judge entered an order nunc pro tunc four months later. He claims that his retrial was barred by (1) the Double Jeopardy Clauses of the Constitutions of…