ALBUQUERQUE, N.M. (AP) - The New Mexico Supreme Court says a jury must first acquit a defendant of a criminal charge before reaching a verdict on a less serious offense.
The decision Thursday clarifies how juries are to deliberate in certain cases where jurors are deadlocked and unable to reach a verdict on a criminal charge.
The decision allows Kelson Lewis of Albuquerque to be retried on a felony child sex charge.
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Battery was considered a lesser offense against Lewis included in the greater charge of criminal sexual contact with a minor.
A trial judge declared a mistrial in 2015 on the felony child sex crime, and Lewis appealed the judge’s decision to allow a new trial on the charge.
Lewis’ appeal argued that a retrial would violate the constitutional protection against double jeopardy.
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