holding that double jeopardy did not bar reprosecution because "dismissal occurred in the context of pretrial proceedings," when "the trial court was without power to find [the defendant] guilty"
Summary of this case from State v. SmithNo. 79143-1.
June 5, 2007.
Petition for review of a decisions of the Court of Appeals, Nos. 31645-5-II and 31743-5-II, August 4, 2006, 134 Wn. App. 1026.
Granted on Specific issues.
holding that double jeopardy did not bar reprosecution because "dismissal occurred in the context of pretrial proceedings," when "the trial court was without power to find [the defendant] guilty"
Summary of this case from State v. SmithFull title:State, Respondent, v. Hicks, Petitioner. State, Respondent. v. Babbs…
Court:The Supreme Court of Washington
Date published: Jun 5, 2007
The “failure to appear” phrase refers to a defendant's unexcused absence from a court proceeding. Id. at 739,…
State v. Smith(quoting Serfass, 420 U.S. at 394)); State v. Foley, 610 N.W.2d 49, 52 (N.D. 2000) ("Double jeopardy does not…