FULLER v. STATE

No. 81-1935.

420 So.2d 650 (1982)

Lucenia Betha FULLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 19, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Penny H. Hershoff, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and BARKDULL and NESBITT, JJ.


PER CURIAM.

This is an appeal from a criminal conviction and sentence in which the sole point on appeal is whether the prosecution below was barred by double jeopardy. We have concluded that there was a manifest necessity for the trial court to declare, as it did, a mistrial on its own motion during a prior trial of this cause when (a) one of the jurors indicated in the course of the trial that he could no longer fairly judge the defendant's guilt or innocence, (b...

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