State v. Zawodniak

While I agree with the majority that the trial court erred in granting a directed verdict acquitting appellee of simultaneous possession of drugs and firearms, I respectfully disagree that appellee can be tried a second time for the same offense. He was put in jeopardy, found guilty of the crime of possession of a controlled substance and possession of drug paraphernalia, and sentence was imposed.

The Double Jeopardy Clause of the Fifth Amendment states: “[N]or shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb.” Article 2, § 8, of the Arkansas…