Salt Lake City v. Reyes-Gutierrez

Opinion

POHLMAN, Judge:

¶ 1 After his first trial ended in a mistrial granted on his own motion, Defendant Rafael Reyes-Gutierrez was retried and convicted of one count of retail theft, a class A misdemeanor. Reyes-Gutierrez appeals his conviction on double jeopardy grounds, asserting that the prosecutor goaded him into seeking a mistrial in the initial proceeding, and retrial was therefore constitutionally barred. We affirm.

BACKGROUND

The First Trial

¶ 2 Reyes-Gutierrez left a retail store without paying for a pair of shoes he had placed in his shopping bag. The City charged Reyes-Gutierrez with…