STATE v. JAIMES

No. 2005AP1511-CR.

715 N.W.2d 669 (2006)

2006 WI App 93

STATE of Wisconsin, Plaintiff-Respondent, v. Jose M. JAIMES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 11, 2006.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Joseph L. Sommers of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James M. Freimuth, Assistant Attorney General, and Peggy A. Lautenschlager, Attorney General.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.


¶ 1 CANE, C.J.

Jose Jaimes appeals a judgment convicting him after a jury trial of two counts of delivering cocaine, party to a crime. He argues that under the double jeopardy clause he should not have been retried on these charges when a State's witness's testimony created a mistrial. Jaimes argues in the alternative that his convictions should be reversed because the State's closing rebuttal argument improperly commented on his constitutional right to not testify...

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