State v. Brown

NUGENT, Presiding Judge.

Defendant Lynn A. Brown appeals from the judgment entered following a jury verdict finding him guilty of tampering in the first degree. The trial court sentenced him to eight years imprisonment as a persistent offender. He argues on appeal that his arrest occurred illegally and that the Double Jeopardy Clause of the Fifth Amendment barred his second trial following a mistrial. We affirm the judgment and conviction.

At approximately 2:30 a.m. on January 20, 1988, Officer Michael Daugherty saw the defendant driving a black 1988 Pontiac Bonneville in a residential…