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STATE v. RODRIQUEZ

No. 10594-6-III.

61 Wn. App. 391 (1991)

810 P.2d 90

THE STATE OF WASHINGTON, Respondent, v. REY DIAZ RODRIQUEZ, Appellant.

The Court of Appeals of Washington, Division Three.

May 21, 1991.

Attorney(s) appearing for the Case

Victor H. Lara and Schwab, Kurtz, Hurley & Lara, for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and Steven R. Keller, Deputy, for respondent.

SHIELDS, J.

Rey Diaz Rodriquez1 was convicted of one count of delivery of cocaine and one count of possession of cocaine with intent to deliver. He appeals, contending the court's denial of his motion to dismiss after declaring a mistrial because of a juror emergency placed him in double jeopardy. We affirm.

During the pretrial hearings conducted after the jury was impaneled and outside its hearing, the court was informed a juror...

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