People v. Kotlarchik

Defendant was found guilty in a bench trial of misdemeanor driving under the influence and improper lane usage. The trial court subsequently granted defendant a new trial because of the absence of a jury waiver. Defendant appealed alleging the State failed to prove him guilty beyond a reasonable doubt at his first trial and that double jeopardy precluded retrial. The appellate court affirmed, explaining that when the trial court granted defendant’s motion for a new trial for reasons other than the sufficiency of the evidence it nullified the conviction and, as a result, double jeopardy did not bar retrial. (BRIDGES and JORGENSEN, concurring.)