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COFFEY v. PACK

No. 88-430.

524 So.2d 498 (1988)

Michael Thomas COFFEY, Petitioner, v. R. Wallace PACK, As Judge of the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

May 6, 1988.

Attorney(s) appearing for the Case

Marquin S. Rinard of Wade H. Parsons, P.A., Fort Myers, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

Michael Coffey petitions this court for a writ of prohibition barring the respondent from retrying him on felony charges after declaring a mistrial over Coffey's objection. He argues that since there was no manifest necessity for the mistrial, retrial would subject him to double jeopardy. Spaziano v. State, 429 So.2d 1344 (Fla. 2d DCA 1983). We agree and grant the petition.

At his first trial Coffey attempted...

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