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PARCE v. BYRD

Nos. 88-1400, 88-1445.

533 So.2d 812 (1988)

Andrea D. PARCE and Albin Bobinski, Petitioners, v. Honorable James S. BYRD, Etc., Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 7, 1988.

Attorney(s) appearing for the Case

Hal G. Uhrig, of Cotter, Uhrig, Valerino & Cohen, P.A., Winter Park, for petitioner, Parce.

David S. Glicken, Orlando, for petitioner, Bobinski.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for respondent.

ORFINGER, Judge.

The issue before the court is whether the Double Jeopardy Clauses of the United States1 and Florida2 Constitutions are violated when a defendant is retried after the original trial has ended in a mistrial entered by the trial court, sua sponte. Under the facts of this case we conclude that the defendants may not be retried and must be discharged.

Petitioners, who were codefendants below...

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