State v. Holland

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STATE v. HOLLAND
Cite as 321 Neb. 194
State of Nebraska, appellee, v.
Jestin C. Holland, appellant.
___ N.W.3d ___
Filed April 10, 2026. 	No. S-25-405.
1. Pleadings. Issues regarding the grant or denial of a plea in bar are ques-
tions of law.
2. Evidence: Appeal and Error. On a question of law, an appellate court
reaches a conclusion independent of the court below.
3. Double Jeopardy. The Double Jeopardy Clauses of the U.S. and
Nebraska Constitutions are coextensive and protect against three distinct
abuses: (1) a second prosecution for the same offense after acquittal,
(2) a second prosecution for the same offense after conviction, and (3)
multiple punishments for the same offense.
4. Double Jeopardy: Juries: Pleas. Jeopardy attaches (1) in a case tried
to a jury, when the jury is impaneled and sworn; (2) when a judge,
hearing a case without a jury, begins to hear evidence as to the guilt of
the defendant; or (3) at the time the trial court accepts the defendant’s
guilty plea.
Appeal from the District Court for Douglas County: Shelly
R. Stratman, Judge. Affirmed.
Thomas C. Riley, Douglas County Public Defender, Noelle
M. Obermeyer, and Bekah Keller, for appellant.
Michael T. Hilgers, Attorney General, Zachary A. Viglianco,
and Cody S. Barnett for appellee.
Funke, C.J., Cassel, Stacy, Papik, Freudenberg, Bergevin,
and Vaughn, JJ.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/18/2026 12:39 AM CDT

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Papik, J.
After a city prosecutor filed a criminal complaint against
Jestin C. Holland alleging that he had violated city ordinances,
a prosecutor from the county attorney’s office filed a criminal
complaint against Holland arising out of the same incident.
In the case brought by the city prosecutor, the parties reached
a plea agreement. Pursuant to that plea agreement, Holland
entered a no contest plea to a misdemeanor charge of dis-
orderly conduct and the prosecution dismissed a misdemeanor
assault and battery charge.
Later, when the county attorney’s office pursued a charge
of first degree felony assault against Holland, Holland filed a
plea in bar, arguing that the subsequent prosecution violated his
double jeopardy rights. Holland took the position that assault
and battery under the municipal code and first degree felony
assault under state statute were the same offense for double
jeopardy purposes.
The district court denied Holland’s plea in bar. It concluded
that jeopardy never attached to the assault and battery charge
and therefore the State was not barred from pursuing the felony
assault charge. Holland now argues on appeal that the district
court erred by concluding that jeopardy did not attach. We find
no error and therefore affirm the denial of the plea in bar.
I. BACKGROUND
Holland was charged in two different cases by prosecutors
from two different offices. All charges arose out of the same
alleged conduct. We summarize the proceedings in each case in
the sections below, beginning with the first case filed.
1. Case Alleging Violations
of Municipal Ordinances
In November 2023, a prosecutor filed a criminal complaint
against Holland in county court. The complaint alleged that
Holland had committed assault and battery and disorderly
conduct, in violation of municipal ordinances of Omaha,
Nebraska. The complaint listed the victim of Holland’s alleged

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STATE v. HOLLAND
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assault and battery and alleged that Holland had committed
the crimes on a date in September 2023. The prosecutor who
signed the complaint listed his position as “City Prosecutor
and/or Special Deputy Douglas County Attorney.”
The day after the charges were filed, Holland was arraigned.
At the arraignment, he entered not guilty pleas to both charges.
The next month, Holland appeared in the county court for
a pretrial hearing. At that hearing, the parties informed the
county court that they had reached a plea agreement. A prose-
cutor used just a few words to describe the plea agreement to
the county court by saying, “[D]isorderly for $200.00, dismiss
the assault.” Holland’s counsel agreed with that characteriza-
tion of the plea agreement.
The county court thereafter advised Holland of his rights in
a plea colloquy before asking how he wished to plead to the
disorderly conduct charge. Holland responded, “No contest.”
The county court later asked the prosecutor to provide a fac-
tual basis for the plea. The verbatim transcript of the proceed-
ings records the prosecutor as responding, “(Indiscernible)
complaint in Omaha, Douglas County, Nebraska, the defendant
was in a physical altercation with [the victim named in the
complaint].” Holland’s counsel stated that he had no objection
to the factual basis.
The county court found that a factual basis existed for the
plea. It stated on the record that it found Holland guilty of
disorderly conduct and that the assault and battery charge
was “dismissed under the motion of the State.” The county
court later made a journal entry stating that the assault and
battery charge was “dismissed on the motion of the prosecutor
with prejudice.”
The county court sentenced Holland to pay a $200 fine and
$50 in court costs.
2. Case Alleging Felony Assault
Three days before Holland entered his no contest plea in the
case described above, a prosecutor with the Douglas County

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STATE v. HOLLAND
Cite as 321 Neb. 194
Attorney’s office filed a criminal complaint against Holland
in county court. This complaint alleged that on the same date
in September 2023, Holland had committed second degree fel-
ony assault against the same named victim.
According to the record before us, little happened in this
case until March 2025, when the prosecutor filed an amended
criminal complaint substituting a charge of first degree felony
assault for the initial charge of second degree felony assault.
The complaint continued to allege that the assault took place
on the same date in September 2023 and listed the same
named victim.
After Holland waived a preliminary hearing, the case was
bound over to district court, and the State filed an information
charging Holland with first degree felony assault. Holland
then filed a plea in bar. He asked the district court to dismiss
the information on the ground that it charged Holland “with a
crime for which [he] has already been charged.”
3. Plea in Bar Proceedings and Order
The district court held a hearing on the plea in bar at which
it received evidence of the proceedings described above. The
district court then permitted the parties to file briefs regarding
the plea in bar. Holland argued in his brief that assault and bat-
tery under the Omaha Municipal Code and first degree felony
assault as defined by Neb. Rev. Stat. § 28-308 (Reissue 2016)
are the same offense for double jeopardy purposes.
After the submission of the parties’ briefs, the district court
entered an order denying the plea in bar. In its order, the dis-
trict court considered whether jeopardy had attached to the
assault and battery charge that was dismissed by the county
court. Relying primarily on U.S. v. Dionisio, 503 F.3d 78 (2d
Cir. 2007), and Soto v. Siefker, 79 F.4th 715 (6th Cir. 2023),
the district court concluded that the question of whether jeop-
ardy attached to the assault and battery charge depended on
whether Holland was ever at risk of being convicted of that
charge or whether the county court made findings of fact on

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STATE v. HOLLAND
Cite as 321 Neb. 194
the merits of that charge. The district court determined that
because Holland was never at risk of being convicted of the
assault and battery charge and the disposition of that charge
did not involve a determination of its factual merits, jeop-
ardy never attached. And because jeopardy did not attach to
the assault and battery charge, the district court concluded
that Holland’s double jeopardy rights were not violated by
the State’s pursuit of the felony assault charges. Accordingly,
the district court denied the plea in bar.
Holland timely appealed the denial of his plea in bar. See
State v. Milenkovich, 236 Neb. 42, 458 N.W.2d 747 (1990)
(holding that denial of plea in bar is final, appealable order).
II. ASSIGNMENTS OF ERROR
Holland assigns two errors on appeal, but we need mention
only one because, based on our analysis below, it is dispositive.
Holland assigns that the district court erred when it concluded
that jeopardy did not attach to the assault and battery charge
that was dismissed by the county court.
III. STANDARD OF REVIEW
[1,2] Issues regarding the grant or denial of a plea in bar are
questions of law. State v. Lewis, 313 Neb. 879, 986 N.W.2d
739 (2023). On a question of law, an appellate court reaches a
conclusion independent of the court below. Id.
IV. ANALYSIS
1. Double Jeopardy
Holland argues that the double jeopardy provisions of the
U.S. and Nebraska Constitutions bar the State from pursu-
ing the felony assault charge against him. Before addressing
Holland’s arguments, we briefly review some double jeop-
ardy basics.
(a) Double Jeopardy Background
[3] The Fifth Amendment to the U.S. Constitution pro-
vides, in relevant part, that no person shall be “subject for

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the same offence to be twice put in jeopardy of life or limb.”
Similarly, article I, § 12, of the Nebraska Constitution pro-
vides, “No person shall be . . . twice put in jeopardy for the
same offense.” We have recognized that the Double Jeopardy
Clauses of the U.S. and Nebraska Constitutions are coexten-
sive and protect against three distinct abuses: (1) a second
prosecution for the same offense after acquittal, (2) a sec-
ond prosecution for the same offense after conviction, and (3)
multiple punishments for the same offense. Lewis, supra.
Generally speaking, the constitutional prohibition against
double jeopardy protects “an individual from being subjected
to the hazards of trial and possible conviction more than once
for an alleged offense.” Green v. United States, 355 U.S. 184,
187, 78 S. Ct. 221, 2 L. Ed. 2d 199 (1957). More specifi-
cally, the Double Jeopardy Clause bars retrial of a defendant
when (1) jeopardy has attached in a prior proceeding, (2) the
defendant is being retried for the same offense prosecuted in
that prior proceeding, and (3) the prior proceeding has termi-
nated jeopardy. See State v. Furrey, 270 Neb. 965, 708 N.W.2d
654 (2006). See, also, Sattazahn v. Pennsylvania, 537 U.S.
101, 123 S. Ct. 732, 154 L. Ed. 2d 588 (2003).
(b) Did Jeopardy Attach Here?
Before the district court and again before us on appeal,
Holland argues that the felony assault charge he is currently
facing and the assault and battery charge that was dismissed
in county court are, for double jeopardy purposes, the same
offense. But even assuming that is the case, double jeopardy
principles would not bar retrial if, as the district court con-
cluded, jeopardy did not attach in the prior proceeding. See
Furrey, supra. As the U.S. Supreme Court has explained, “an
accused must suffer jeopardy before [the accused] can suffer
double jeopardy.” Serfass v. United States, 420 U.S. 377, 393,
95 S. Ct. 1055, 43 L. Ed. 2d 265 (1975). We thus begin our
analysis with the question of whether jeopardy attached.

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[4] We have recognized that jeopardy attaches (1) in a
case tried to a jury, when the jury is impaneled and sworn;
(2) when a judge, hearing a case without a jury, begins to hear
evidence as to the guilt of the defendant; or (3) at the time the
trial court accepts the defendant’s guilty plea. State v. Vasquez,
271 Neb. 906, 716 N.W.2d 443 (2006). Under that rule, jeop-
ardy clearly attached to the disorderly conduct charge when
Holland entered his no contest plea to that charge. That,
however, is irrelevant to Holland’s double jeopardy argu-
ment. As the U.S. Court of Appeals for the Sixth Circuit has
explained, “Jeopardy attaches to offenses, not proceedings.”
Soto v. Siefker, 79 F.4th 715, 719 (6th Cir. 2023). And, as we
have said, Holland’s double jeopardy argument focuses on the
initial assault and battery charge, not the disorderly conduct
charge. Accordingly, the relevant question is whether jeopardy
attached to the assault and battery charge.
Even though Holland did not enter a plea to the assault and
battery charge or face trial on that charge, he argues that jeop-
ardy nonetheless attached. In support, he relies on two U.S.
Supreme Court opinions, Serfass, supra, and United States v.
Martin Linen Supply Co., 430 U.S. 564, 97 S. Ct. 1349, 51
L. Ed. 2d 642 (1977), and an opinion from the U.S. Court
of Appeals for the 10th Circuit, U.S. v. Mintz, 16 F.3d 1101
(10th Cir. 1994).
In our view, neither U.S. Supreme Court case supports
Holland’s argument, and, in fact, both cases provide confir-
mation that the district court was correct to conclude that
jeopardy had not attached to the assault and battery charge.
As for Mintz, we disagree with its conclusion. We explain our
reasoning on these points in more detail in the sections below.
(i) Serfass v. United States
At issue in Serfass v. United States, 420 U.S. 377, 95 S.
Ct. 1055, 43 L. Ed. 2d 265 (1975), was whether jeopardy
attached when a trial court granted a defendant’s pretrial
motion to dismiss an indictment on procedural grounds. The

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U.S. Supreme Court held that “neither before nor after the
ruling did jeopardy attach.” Id., 420 U.S. at 389. The Supreme
Court explained that under its precedents, jeopardy did not
attach to an offense until a defendant is “‘put to trial before the
trier of facts, whether the trier be a jury or a judge.’” Id., 420
U.S. at 388 (quoting United States v. Jorn, 400 U.S. 470, 91
S. Ct. 547, 27 L. Ed. 2d 543 (1971)). But at the time that the
defendant’s motion to dismiss was considered, the trial court
was “without power to make any determination regarding [the
defendant’s] guilt or innocence.” Serfass, 420 U.S. at 389. All
that the trial court could do at that stage, the Supreme Court
explained, was grant or deny the pretrial motion to dismiss. As
a result, jeopardy did not attach.
Holland argues that, unlike the trial court in Serfass, the
county court here had the authority to adjudicate his guilt or
innocence, and that jeopardy thus attached. Holland appears
to find support for that notion in the fact that he did not
move to dismiss any charges, the prosecutor did. See brief for
appellant at 11 (“Holland did not move to dismiss the charge.
Instead, the proceeding arose from a plea agreement between
the defense and the State”).
But the fact that the assault and battery charge was dis-
missed pursuant to a plea agreement hardly shows that the
county court had the authority to adjudicate Holland’s guilt
or innocence on that charge. The county court obviously had
the power to determine Holland’s guilt as to the disorderly
conduct charge once he entered a no contest plea to that
charge. But Holland’s guilt or innocence as to the assault and
battery charge was not on the table during the plea hearing.
The county court had no power to find Holland guilty of that
charge at the plea hearing—Holland had entered a not guilty
plea to that charge during his arraignment, he never withdrew
that plea, and no trial had taken place. And Holland’s poten-
tial innocence as to assault and battery was not presented to
the county court either; the prosecution moved to dismiss the
charge without consideration of its merits.

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STATE v. HOLLAND
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Multiple federal courts of appeals have similarly concluded
that because a trial court lacks the power to determine the
defendant’s guilt or innocence as to a charge dismissed pur-
suant to a plea agreement, jeopardy does not attach to such
a charge. In Soto v. Siefker, 79 F.4th 715 (6th Cir. 2023), for
example, a defendant argued that a plea hearing is functionally
equivalent to a bench trial and therefore jeopardy had attached
to a charge dismissed pursuant to a plea agreement at a plea
hearing. The Sixth Circuit rejected the argument, explain-
ing that at a bench trial, the court has the power to find the
defendant guilty of any pending charges, but, at a plea hearing,
the court can find the defendant guilty of only the charges to
which he or she enters a guilty plea. The Sixth Circuit held
that under Serfass, jeopardy had not attached to the charge
dismissed pursuant to the plea agreement.
To the same effect is United States v. Barker, 681 F.2d 589
(9th Cir. 1982). In that case, the Ninth Circuit determined that
jeopardy had not attached to charges dismissed pursuant to
a plea agreement. The Ninth Circuit explained that at a plea
hearing, the court determines guilt or innocence of only “the
specific charge to which the defendant has agreed to plead
guilty.” Id. at 592. In accepting a plea as to one offense, the
Ninth Circuit observed, “the judge is not free to consider con-
viction or acquittal” on a dismissed charge because “[i]n the
context of a plea hearing, [a dismissed charge] is not before
[that judge].” Id. See, also, United States v. Vaughan, 715 F.2d
1373 (9th Cir. 1983) (holding that jeopardy did not attach to
charges dismissed at plea hearing because trial court lacked
power to determine guilt or innocence as to those charges).
Serfass does not support Holland’s argument that jeopardy
attached to the assault and battery charge.
(ii) United States v. Martin Linen Supply Co.
Holland’s reliance on United States v. Martin Linen Supply
Co., 430 U.S. 564, 97 S. Ct. 1349, 51 L. Ed. 2d 642 (1977),
is also unavailing. In that case, the U.S. Supreme Court

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acknowledged that double jeopardy protections are triggered
when a defendant is acquitted of a charge. The Court went on
to emphasize that whether a disposition is an “‘acquittal’” does
not depend on the court’s description of that disposition, but
rather on whether, “whatever its label, [it] actually represents
a resolution, correct or not, of some or all of the factual ele-
ments of the offense charged.” Id., 430 U.S. at 571. Holland
argues that the county court in this case resolved some or all
of the factual elements of the assault and battery charge.
We again disagree. While the county court resolved the dis-
orderly conduct charge when it accepted Holland’s no contest
plea, it had no reason to resolve, and there are no indications
it did adjudicate, the merits of the assault and battery charge.
As the Ninth Circuit explained in Barker, supra, a dismissed
charge ordinarily does not come before the judge in the context
of a plea hearing.
We acknowledge that, after the plea hearing, the county
court made a journal entry stating that the assault and bat-
tery charge was dismissed with prejudice. This does not
dissuade us from our conclusion that Holland was not func-
tionally acquitted of assault and battery by the county court.
Once again, we find guidance from multiple federal courts
of appeal. In U.S. v. Lindsey, 47 F.3d 440 (D.C. Cir. 1995),
cert. granted and judgment vacated on other grounds 516
U.S. 1023, 116 S. Ct. 665, 133 L. Ed. 2d 516, a defendant
argued that because a charge against him was dismissed with
prejudice before trial, double jeopardy barred prosecution for
the same offense in a subsequent proceeding. The D.C. Circuit
was not persuaded. It stated that a dismissal is an acquittal
only if it meets the Martin Linen Supply Co. test, i.e., “[it]
actually represents a resolution, correct or not, of some or all
of the factual elements of the offense charged.” Martin Linen
Supply Co., 430 U.S. at 571. The D.C. Circuit determined that
notwithstanding the “with prejudice” label, the dismissal in
the case before it was not a resolution of the factual elements
of the dismissed charge.

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In U.S. v. Dionisio, 503 F.3d 78 (2d Cir. 2007), the U.S.
Court of Appeals for the Second Circuit likewise held that
jeopardy did not attach to a charge that was dismissed with
prejudice pursuant to a plea agreement. The Second Circuit
expressed skepticism with the conclusion of the district court
in that case that a dismissal with prejudice could never result in
the attachment of jeopardy. The court suggested that
a plea agreement in which the court was directly involved
in a defendant’s decision to plead guilty to two counts, in
exchange for an agreement to drop with prejudice a third
count, all on the basis of findings of certain facts which
support that agreement, might perhaps constitute a pretrial
fact-finding that implicated jeopardy in its proper sense of
risk of exposure.
Id. at 84. Even so, the Second Circuit determined that jeop-
ardy had not attached in the case before it. Applying the
same Martin Linen Supply Co. test, the court explained that
there was “nothing in the record to suggest that the dismissal
entailed a resolution of any factual elements that went to the
merits of the [dismissed] charges” and “certainly no indica-
tion that any such resolution (assuming arguendo that one had
occurred) involved a process that put [the defendant] at any
risk of conviction.” Dionisio, supra, 503 F.3d at 89 (emphasis
in original).
We agree with the D.C. and Second Circuits that a dis-
missal is not a functional acquittal merely because it bears a
“with prejudice” label. According to Martin Linen Supply Co.,
whether a dismissal amounts to a functional acquittal does not
depend on labels, but on whether the trial court resolved fac-
tual elements of the charged offense. See 430 U.S. at 571 (“we
have emphasized that what constitutes an ‘acquittal’ is not to
be controlled by the form of the judge’s action”).
And while Holland argues that the facts of this case are
analogous to the hypothetical the Second Circuit offered in
Dionisio as a scenario in which jeopardy might attach, we dis-
agree. There is nothing in the record showing that the county

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court was directly involved in Holland’s decision to enter the
plea agreement or that it made findings of fact that supported
the agreement.
The idea that the county court resolved the factual elements
of the assault and battery charge in this case is particularly
implausible given the limited factual basis provided by the
prosecutor at the plea hearing. The prosecutor stated only
that Holland had been involved in a physical altercation in
Omaha. There is no reason to believe that the prosecution or
the defense was asking the county court to determine whether
Holland had committed assault and battery based on that lim-
ited factual basis. Moreover, the purpose of the factual basis
requirement is to ensure that a guilty or no contest plea is
entered understandingly and voluntarily, see State v. Clemens,
300 Neb. 601, 915 N.W.2d 550 (2018), not to determine that
the defendant did not commit dismissed offenses.
Because there is no indication here that the county court
resolved any factual elements of the assault and battery charge,
we reject Holland’s argument that he was functionally acquit-
ted of that offense.
(iii) U.S. v. Mintz
Holland lastly faults the district court for relying on opin-
ions from the Second and Sixth Circuits to conclude that
jeopardy had not attached to the assault and battery charge. He
contends that the district court should instead have followed
the 10th Circuit’s opinion in U.S. v. Mintz, 16 F.3d 1101 (10th
Cir. 1994).
In Mintz, the 10th Circuit impliedly found that jeopardy
attached to charges that were dismissed by the prosecution
after the defendant entered a guilty plea to another charge. But
the opinion included no analysis as to why jeopardy attached,
and instead, it only cited another 10th Circuit opinion, U.S. v.
Holland, 956 F.2d 990 (10th Cir. 1992), to support that con-
clusion. Holland also concluded that jeopardy attached to a
dismissed charge, but it too contained no analysis as to why

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jeopardy attached, only a citation to another 10th Circuit opin-
ion, United States v. Derr, 726 F.2d 617 (10th Cir. 1984). And,
if the citation trail is followed all the way to Derr, it is soon
revealed that double jeopardy was not even at issue in Derr.
See U.S. v. Dionisio, 415 F. Supp. 2d 191 (E.D.N.Y. 2006)
(declining to follow Mintz after tracing its origins to Derr).
Given its questionable foundations, we are not persuaded
that we should follow Mintz. In fact, it is not even clear
that Mintz remains good law in the 10th Circuit. Nearly two
decades after Mintz, in U.S. v. Angilau, 717 F.3d 781, 787 n.1
(10th Cir. 2013), the 10th Circuit observed that Mintz con-
tained no analysis and “appear[ed] to be in tension with” 10th
Circuit authority that came before and after it.
If all that were not enough, Mintz is clearly an outlier hold-
ing. Many other courts, some in opinions we have discussed
above, have concluded, contrary to Mintz, that jeopardy does
not attach to a charge dismissed pursuant to a plea agreement.
See, e.g., Soto v. Siefker, 79 F.4th 715 (6th Cir. 2023); U.S. v.
Dionisio, 503 F.3d 78 (2d Cir. 2007); Tezak v. U.S., 256 F.3d
702 (7th Cir. 2001); U.S. v. Green, 139 F.3d 1002 (4th Cir.
1998); U.S. v. Lindsey, 47 F.3d 440 (D.C. Cir. 1995), cert.
granted and judgment vacated on other grounds 516 U.S.
1023, 116 S. Ct. 665, 133 L. Ed. 2d 516; U.S. v. Garner, 32
F.3d 1305 (8th Cir. 1994); U.S. v. Nyhuis, 8 F.3d 731 (11th
Cir. 1993); U.S. v. Soto-Alvarez, 958 F.2d 473 (1st Cir. 1992);
United States v. Vaughan, 715 F.2d 1373 (9th Cir. 1983);
United States v. Barker, 681 F.2d 589 (9th Cir. 1982); U.S.
v. Hawes, 774 F. Supp. 965 (E.D.N.C. 1991); State v. Hastey,
196 A.3d 432 (Me. 2018); People v. Mezy, 453 Mich. 269,
551 N.W.2d 389 (1996).
We are not persuaded that Mintz was correctly decided. The
district court did not err by declining to follow it.
(c) Summary of Jeopardy Attachment Analysis
In sum, we find that the district court did not err in con-
cluding that jeopardy did not attach to the assault and battery

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charge. Holland never faced trial on that offense, he did not
enter a guilty or no contest plea to that offense, and we are
not persuaded by any of his arguments that jeopardy other-
wise attached.
Because the district court was correct to conclude that
jeopardy had not attached to the assault and battery charge, it
was also correct to deny the plea in bar. See Serfass v. United
States, 420 U.S. 377, 393, 95 S. Ct. 1055, 43 L. Ed. 2d 265
(1975) (“an accused must suffer jeopardy before [the accused]
can suffer double jeopardy”).
2. Other Remedies Not Before Us
Although Holland primarily argues in this appeal that
double jeopardy protections bar the State from pursuing the
felony assault charge, he also makes some suggestions along
the way that the terms of his plea agreement are not being
honored. The issue of whether the State breached the plea
agreement by pursuing the felony assault charges is not
before us in this appeal. Holland sought relief only on double
jeopardy grounds in the district court, and the sole issue in
this interlocutory appeal is whether the district court correctly
denied the plea in bar.
Nothing in this decision should be understood to foreclose
Holland from seeking relief in the district court based on the
plea agreement. Neither should anything in this decision be
understood to comment on whether Holland would be entitled
to such relief.
V. CONCLUSION
Because we find that Holland’s double jeopardy rights were
not violated and no other issues are before us in this interloc-
utory appeal, we affirm the district court’s denial of the plea
in bar.
Affirmed.