State v. Dykstra

One issue is raised by this appeal: Should the State be barred from retrying defendant after the first trial ended in mistrial because the jury could not reach a verdict? After the State refiled the charges, the defendant's motion to dismiss on double jeopardy grounds was denied. The parties stipulated to a stay of the trial court proceedings and this court accepted discretionary review. We affirm, holding that under the facts of this case a retrial is not barred.

Defendant was tried for two counts of indecent liberties. Jury deliberations which totaled 13 V2 hours lasted 4 hours on day one,…