State v. Alvarado

¶ 1. Anthony Alvarado was charged with second-degree sexual assault. The case *713went to trial, and the jury was instructed to consider both second-degree sexual assault and the lesser included offense of third-degree sexual assault. After several hours of deliberation and multiple notes to the court, the jury sent a final note stating that all jurors "agree on not guilty for the second degree," but "are hung on the third degree." The court concluded the jury was deadlocked and ordered a mistrial.

¶ 2. The State then sought to retry Alvarado, and he moved to dismiss the second-degree charge based…