People v. Moore

SMITH, Judge.

Defendant, Lewis Roger Moore, was charged and convicted of first degree murder after deliberation pursuant to § 18-3-102, C.R.S. (1978 Repl. Vol. 8). He appeals his conviction and sentence on three grounds: (1) that his constitutional right against double jeopardy barred his being brought to trial a second time after the trial court had, sua sponte, declared a mistrial and discharged the jury in the first trial; (2) that there was insufficient evidence to establish first degree murder after deliberation; and (3) that the trial court erred in denying his motion to dismiss based on…