State v. Harris

NEHRING, Justice:

" 1 In this interlocutory appeal, we address whether the trial court erred in denying de*1254fendant Dustyn Harris's motion to dismiss. Specifically, we examine whether the double jeopardy provision of the Utah Constitution prohibits Mr. Harris's retrial where the first trial judge, after discovering that the courtroom recording equipment had failed to ree-ord the morning trial proceedings, declared a mistrial over Mr. Harris's objection. Because we conclude that the first trial judge abused his discretion in concluding that legal necessity required the mistrial, we reverse the…