State v. Evans

Defendant appeals a judgment of conviction for first-degree robbery, first-degree burglary, unauthorized use of a vehicle, and second-degree assault. His sole assignment of error is that the trial court should have granted his motion for a mistrial. The state argues that defendant waived his right to complain about the denial of the mistrial motion and that, in any event, the trial court did not abuse its discretion in denying the motion. We conclude that, although defendant did not waive the right to object to the denial of the mistrial motion, the state is correct that the trial court did…