Gabriel Eliajah Montoya v. State

FOX, Justice.

[¶1] After his first jury trial ended in a mistrial, a second jury found Gabriel Eliajah Montoya guilty of felony stalking. Mr. Montoya appeals his conviction, claiming his second trial violated his right against double jeopardy because the prosecutor provoked him into moving for a mistrial. We affirm.

ISSUE

[¶2] We rephrase the issue as follows: Were Mr. Montoya’s rights against double jeopardy violated when he was tried again after his first trial ended in a mistrial?

FACTS

[ITS] Mr. Montoya was charged by Information with felony stalking in violation of Wyo. Stab Ann. §…