State v. McDonald

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals from a judgment and sentence entered after a jury found him guilty of armed robbery and conspiracy to commit armed robbery. The jury had deadlocked on Count I, involving felony murder and the lesser-included offense of second degree murder, and the respective conspiracy counts. The district court thereafter ruled that the failure to poll the jury resulted in an “implied acquittal” of the felony murder and conspiracy to commit felony murder charges. The district court denied Defendant’s motion to bar retrial of the remaining counts and Defendant…