State v. Fuller, 367 P.3d 1057

Fuller was charged with two counts of second-degree assault arising from the same act: (1) assault with a deadly weapon and (2) intentionally assaulting and recklessly inflicting substantial bodily harm — the counts represented alternative means of the same statutory offense.
Jury instructions treated the counts separately and listed elements for each; jury was instructed on alternative means as well.
Jury acquitted Fuller on the substantial-bodily-harm count but deadlocked on the deadly-weapon count; the court declared a mistrial as to the hung count.
The State sought retrial on the deadly-weapon count; Fuller moved to dismiss on double jeopardy grounds, arguing the acquittal barred reprosecution on any theory of the same offense.
Trial court and Court of Appeals denied Fuller’s double jeopardy claim; the Washington Supreme Court granted review and affirmed, holding retrial on the hung means does not violate double jeopardy because jeopardy did not terminate for that means or for the overall offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether retrial on an alternative means after acquittal on another means violates double jeopardy	Fuller: acquittal on one means of a single statutory offense bars reprosecution on any other means of that same offense	State: acquittal terminated jeopardy only as to that means; jeopardy did not terminate on the hung means or the overall offense, so retrial is permitted	Retrial on the hung (deadly-weapon) count is allowed; double jeopardy not violated because jeopardy never terminated for that count or the offense as a whole

Sanabria v. United States, 437 U.S. 54 (1978) (acquittal on a count as a whole bars later prosecution on a different theory of that same count)
State v. Wright, 165 Wn.2d 783 (2009) (alternative means charging places defendant in jeopardy of a single conviction and punishment)
State v. Ramos, 163 Wn.2d 654 (2008) (reversal for insufficient evidence of one alternative mean is equivalent to an acquittal for double jeopardy purposes but retrial on remaining valid means may be permitted)
State v. Garcia, 179 Wn.2d 828 (2014) (when some alternative means lack sufficient evidence, retrial on remaining valid means is allowed)
State v. Russell, 101 Wn.2d 349 (1984) (mistrial due to hung jury does not terminate jeopardy and retrial is permitted)
State v. Ahluwalia, 143 Wn.2d 527 (2001) (double jeopardy does not bar retrial on a lesser included offense after acquittal on the greater when jury is hung on the lesser)
Tibbs v. Florida, 457 U.S. 31 (1982) (reversal for insufficient evidence is the functional equivalent of an acquittal for double jeopardy)