In Re: the People of the State of Colorado v. Kevin Wayne Viburg

Summary

The court held that double jeopardy does not bar retrial of Viburg for felony DUI because the first jury never considered or acquitted him of that offense; it considered only misdemeanor DUI, and the felony conviction was later reversed for legal error. The court also held that retrial does not violate due process, the right to a jury trial, or Colorado's mandatory-joinder statute because Viburg was charged with felony DUI and that charge was prosecuted in the original proceeding. The court discharged its rule to show cause and remanded for further proceedings.