JONES v. BERGSTROM

No. 88-03000.

541 So.2d 162 (1989)

Glennis JONES, Petitioner, v. Honorable Edward H. BERGSTROM, Jr., Circuit Judge, Sixth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Second District.

April 7, 1989.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, Clearwater, and Peter N. Nazaretian, Asst. Public Defender, New Port Richey, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for respondent.


PER CURIAM.

The trial judge granted a mistrial in this case over the objection of the petitioner's attorney. Petitioner filed a motion to dismiss alleging that any retrial on this charge would be prohibited by the double jeopardy clauses of the Florida and United State Constitutions. The motion to dismiss was denied by the trial judge, and this petition for prohibition ensued.

The law is well established that a mistrial may be granted over a defendant's objection...

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