State v. Dale

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 117,162 STATE OF KANSAS, Appellee, v. CHRISTOPHER M. DALE, Appellant. SYLLABUS BY THE COURT 1. Neither the Double Jeopardy Clause in the Fifth Amendment to the United States Constitution nor K.S.A. 21-3107(2)(a) absolutely prevent the continued prosecution of some counts in a prosecution after a criminal defendant has been convicted on other counts. If the continued prosecution follows a defendant's post-conviction appeal that sought a new trial and, on remand, a defendant is found guilty of a greater offense after a lesser included offense has…