State v. Schumacher

RONALD R. HOLLIGER, Judge.

Matthew Schumacher appeals his conviction for one count of possession of a controlled substance with intent to distribute 1 after his retrial following the declaration of a mistrial on one of three counts. He argues only one point, contending that his retrial was barred by the double jeopardy clause because the jury, at the first trial, had taken a vote, unanimously agreed to acquit, and the foreperson had signed a not guilty verdict form on the charge of felony possession with intent to distribute. Because the not guilty verdict was never presented to the trial…