State v. Gonzales

OPINION

ROBINSON, Judge.

{1} This is the State’s appeal from the trial court’s decision to dismiss charges against Defendant after two trials that resulted in hung juries and a showing of prosecutorial misconduct that the court described as rising “into the realm of perjury or attempts to mislead this court.” We hold that because Defendant suffered no prejudice as a result of the State’s misconduct, the trial court erred in dismissing based on the misconduct. With respect to the dismissal on due process grounds, we reverse and remand for further determination of whether retrial would violate…