Opinion
No. 139984.
May 21, 2010.
Court of Appeals No. 285101.
Summary Disposition.
In lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals because the trial court did not clearly err in finding that the defendant consented to the mistrial declared by the court. Where a defendant consents to a mistrial, double jeopardy considerations do not apply. United States v Dinitz, 424 US 600, 607; 96 S Ct 1075; 47 L Ed 2d 267 (1976). We remand this case to the Court of Appeals for consideration of the issues raised by the defendant but not addressed by that court during its initial review of the case. We do not retain jurisdiction.