State v. Marquez

STRUCKMEYER, Vice Chief Justice.

This is a consolidated appeal from convictions for armed robbery. Judgments affirmed.

On June 14, 1974, Julio Leon was assaulted and robbed by three men in an incident lasting over an hour. Appellants Marquez and Rascon were apprehended and identified as the perpetrators. The first question is whether the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution was violated by the retrial of appellants after their original consolidated trial ended in a mistrial granted at their request.

Appellants’ first trial began on March 5, 1975. After…