State v. Woodson

CHASANOW, Judge.

We are called upon in this case to determine whether double jeopardy bars retrial of a greater offense after a mistrial has been declared on both the greater offense, on which the jury was hung, and a lesser included offense, on which the jury reached a verdict but did not announce that verdict. For the reasons discussed below, we hold that double jeopardy does not prohibit retrial of the greater offense even though it may bar retrial of the lesser included offense.

I

Thomas Andrew Woodson (Woodson) was charged in a four-count indictment with distribution of a controlled…