CORNEIRO v. SOLOMON

No. 84-496.

450 So.2d 599 (1984)

Lazaro CORNEIRO, Petitioner, v. The Honorable Harold SOLOMON, As Judge of the Circuit Court in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

May 29, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harold Mendelow, Sp. Asst. Public Defender, for petitioner.

Janet Reno, State Atty., and Anthony C. Musto, Asst. State Atty., for respondent.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


PER CURIAM.

Upon consideration of the petition for writ of prohibition, response thereto, and argument of counsel, we conclude that the trial court's declaration of mistrial and discharge of the sworn jury without obtaining petitioner's consent precludes retrial on double jeopardy grounds.

It is well settled that a defendant in a criminal trial is placed in jeopardy when he is "put to trial on an indictment or information sufficient in form and substance to...

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