State v. Breed

Dooley, J.,

¶ 49. concurring and dissenting. I concur on the issues of the separation period and hearsay testimony, but I *597dissent on the double jeopardy issue. The majority’s reasoning on this issue appears on the surface to be a clear and logical application of existing double-jeopardy precedent and analysis. This is one of those cases, however, where the use of our historic reasoning and analysis produces a result that is otherwise indefensible. The result of the majority’s decision is the judicial repeal of a crime. As the State emphasized in this case, no prosecutor will ever again charge…