Criminal Law: Dismissal – Double Jeopardy – Statute

Where a trial court declared a mistrial in defendant’s statutory sodomy case after jury could not reach a verdict and the defendant never consented to dismissal without prejudice, Section 56.087 provided a statutory bar to the re-filing of the case, and the trial court did not err in dismissing it with prejudice.

Judgment is affirmed.

State v. Storer (MLW No. 63623/Case No. SD31303 – 6 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Camden County, Drumm Jr., J. (Chris Koster and James B. Farnsworth, Jefferson City, for appellant) (Karie Comstock, Lebanon, for respondent).

Read the full text of this opinion. (PDF)