State v. Wilkins

HERSEY, Chief Judge.

Leon Cecil Wilkins was charged by Information with attempted robbery and battery. The trial on those charges resulted in a deadlocked jury. The trial court declared a mistrial. Subsequently, the state amended the Information by raising the charge of robbery to robbery with a deadly weapon and similarly enhancing the battery charge. The trial court granted appel-lee’s motion to dismiss the amended Information, holding that “the state presented no justifiable grounds for enhancing the charges in the amended information.”

The issue is whether the state, after a mistrial, has…