State v. Lazcano

*344[As amended by orders of the Court of Appeals August 20 and September 3, 2015.]

Fearing, J.

¶1 After Frank Lazcano pled guilty to criminal trespass, the State, supported by new evidence, charged and convicted Lazcano with first degree felony murder based on the same events giving rise to the trespass conviction. On appeal, Lazcano argues this second prosecution placed him in double jeopardy. We address whether Lazcano asserted a double jeopardy argument below and, if not, whether he can raise the defense for the first time on appeal. We find that Frank Lazcano did not raise the issue before the…