State v. Toste

The majority concludes that the statutory prohibition against subjecting defendants to successive criminal prosecutions did not bar the state from trying defendant on a charge of driving under the influence of intoxicants and controlled substances after the court had granted a mistrial on a charge of driving under the influence of intoxicants that arose from the same criminal episode. I agree with the majority’s conclusion on that issue. I disagree, however, with its conclusion that defendant failed to preserve an objection that the second prosecution violated Article I, section 12, of the…