State v. Wrice

OPINION

GLENN A. NORTON, Judge.

The State of Missouri appeals the judgment of the trial court dismissing the case against Sedrick Wrice on the grounds that retrial was barred by the double jeopardy clause of the United States Constitution. See U.S. Const, amend. V. We affirm.

I. BACKGROUND

On March 25, 2004, Wrice was charged by way of indictment with robbery in the first degree and armed criminal action. At the arraignment, the State filed its request for disclosure, asking Wrice to disclose his intention to rely on the defense of alibi. No such intention was disclosed by Wrice. During the…