State v. Garcia

Defendant was convicted on six counts of first degree robbery. His first trial, which included a charge of conspiracy, had resulted in his acquittal for conspiracy and a mistrial by reason of a hung jury on the robbery counts. The directed acquittal on the conspiracy charge was based on improper venue. On appeal, he contends that that acquittal for criminal conspiracy bars his reprosecution for robbery, because the only evidence connecting him to the robbery is the same as that which was used to prove the conspiracy. We affirm.

On November 22, 1980, several participants in a poker game in…