State v. Gonzales

OPINION

HENDLEY, Chief Judge.

The trial court granted defendant a new trial following his conviction for criminal sexual penetration in the second degree. The state appeals, raising the single issue of whether the trial court abused its discretion in granting defendant a new trial. We affirm.

Facts

Defendant was charged with criminal sexual penetration. His first trial resulted in a hung jury, 7-5 for acquittal, and a mistrial was declared. After a second trial, the jury returned a verdict finding defendant guilty of second degree criminal sexual penetration. The trial court granted defendant’s…