JAMES L. KIMBLER, Judge.
This matter came to be heard upon the defendant's motion to dismiss on the grounds that making the defendant go through a trial following a mistrial would violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The Double Jeopardy Clause to the Fifth Amendment applies to state criminal prosecutions through the Due Process Clause of the Fourteenth Amendment. Benton v. Maryland (1967),
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